Every driver has a duty of care to all pedestrians, yet crossing the road is one of the most dangerous things people must do every day. In Louisiana, pedestrians have the right-of-way in crosswalks. Pedestrians are smaller than vehicles, and many drivers may get distracted while driving. This means drivers need to pay a lot of attention while driving, especially in densely populated regions. Injuries from a pedestrian accident are very significant since the victim gets hit directly by the vehicle. This can result in catastrophic injuries that severely affect the victim’s life.
Pedestrians hit by cars on the road may have to spend a lot of time in the hospital during recovery. They may also have to undergo physical therapy, which will cost a lot of money. If you or your loved one has suffered a pedestrian accident, get legal representation. An Abbeville pedestrian accident lawyer and personal injury lawyer from Laborde Earles Injury Lawyers can help you seek the compensation you deserve. We can offer you a free case evaluation.
Factors Affecting Compensation in an Abbeville Pedestrian Accident Case
Different factors will affect the compensation amount a victim seeks after a pedestrian accident.
Some of these factors include:
- Severity of injuries
- Medical expenses
- Property damages
- Loss of earning capability
- Cost of adaptive equipment
- Pain and suffering
The severity and extent of injuries a pedestrian accident victim sustains go a long way in determining the amount of compensation. Catastrophic injuries that significantly reduce the victim’s quality of life may qualify for more compensation. Catastrophic injuries also require more medical attention, which adds expenses to the victim’s damages.
Medical expenses, including the cost of surgery, therapy, and rehabilitation, will also increase the amount of compensation. The cost of current and future expenses will come into consideration when calculating the damages. Any property damages incurred by the victim during the accident will also increase the compensation amount.
The victim’s lost earning capabilities and any lost wages during the recovery period will also affect the compensation awarded. The cost of adaptive equipment, such as a wheelchair, or special accessibility-related modifications to the victim’s home will increase the compensation. The injured party may also get compensated for the pain and suffering they have endured due to the accident.
Depending on the nature of the accident, the court may decide to award punitive or exemplary damages. Getting the compensation you deserve is not that easy.
An Abbeville pedestrian accident lawyer from our firm can show that the driver is the at-fault party by presenting evidence in your favor. Our lawyer can also negotiate fair compensation from the liable party’s insurance company.
Wrongful Death Damages in a Pedestrian Accident Case
Since pedestrian accidents can be so severe, a pedestrian’s injuries can be severe and life-threatening. Your loved one may have lost their life due to their injuries in a pedestrian accident. If so, you could pursue wrongful death damages for everyone affected by the incident. Such damages could be:
- Your deceased loved one’s unresolved medical bills, such as emergency care bills
- Your loved one’s pain and related damages due to their injuries
- Funeral costs and related costs
- Your loss of spousal support
- Your children’s loss of parental support
- The family’s loss of income
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What to Do Immediately After a Pedestrian Accident
The first thing you should do after a pedestrian accident is get medical attention. Your health is the most important consideration. Also, the medical records you’ll be able to get are very important in showing the court the extent of your injuries. Also, the medical records can prove that your injuries are due to the accident. You should also get the police report from the authorities.
If possible, try to get the contact information of any witnesses to the accident. Doing all these tasks can be overwhelming after suffering a pedestrian accident. An Abbeville pedestrian accident lawyer from our firm can collect evidence for you and help you prove liability.
Our lawyer can also follow up on the chain of custody to ensure that the evidence was not tampered with.
See what a pedestrian accident lawyer from our firm can do for your case. Let us review your case for free.
Hiring Your Lawyer After a Pedestrian Accident
In addition to a free case review, our firm can provide an attorney who can work for you on contingency. This means you won’t pay the attorney for their services unless they recover compensation for you. This should make hiring an attorney easy so that you can focus on other matters, like your recovery and your family.
If you recover compensation, you will pay your attorney an agreed-upon percentage of your compensation. This means your attorney will be especially motivated to recover the highest possible amount for you.
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What to Do if the Injured Pedestrian Is Partly at Fault After an Accident
According to the Centers for Disease Control and Prevention (CDC), in 2019, about 46% of all pedestrian accidents involved alcohol intoxication for both drivers and pedestrians. Being partly at fault for the accident should not stop you from making a claim. Louisiana follows a comparative negligence system in which you can still get compensation. However, the amount you may receive will decrease by your percentage of fault in the accident.
Some drivers and insurance companies may try to discourage you from claiming by arguing that you were at fault for the accident. The driver’s insurance company may also refuse to pay your claim, or they might offer you very little compared to the value of your damages. Alternatively, the insurance company may argue that the injuries are not a result of the accident.
Dealing with insurance companies can be quite tricky, and they might try to use the comparative negligence principle to show you that you have more to lose. This is one of the major reasons why some victims seek legal representation.
Hiring a Lawyer Can Protect You and Your Abbeville Pedestrian Claim
One of the Abbeville pedestrian accident attorneys from our firm can protect you from any claim the insurer makes about your negligence and liability. By protecting you, your attorney will be protecting your claim from comparative negligence rules that could reduce your compensation amount.
To protect you and your claim, we can gather evidence of your immunity and the other party’s liability. Additionally, our attorney can establish each element of negligence and liability to an insurer or a court. These elements are as follows:
- The other party owed you a duty of care (a responsibility to act carefully, such as by driving carefully).
- The party breached this duty of care, such as by driving recklessly).
- The breach of duty led to or caused the accident.
- The accident resulted in compensatory damages
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About Our Pedestrian Accident Lawyers in Abbeville, LA
Our Abbeville law firm’s attorneys have over a century of combined legal experience in personal injury law. To date, we’ve recovered hundreds of millions of dollars for our clients, including many struggling after pedestrian accidents. We’ve also helped many clients who lost a loved one in a pedestrian accident.
Our focus as a personal injury firm is on assisting individuals and their families after serious accidents like yours. We can handle unreasonable insurance companies and opposing attorneys and, when necessary, litigate a case and file a lawsuit. We’ll take all the steps necessary to recover your due compensation.
Your next steps are easy. You’ll start with a simple, free consultation and case review with a member of our team. If you hire one of our attorneys, you won’t have to pay them unless they are successful with your case.
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See How Laborde Earles Injury Lawyers Can Help in an Abbeville Accident Case
The main thing you should focus on after suffering a pedestrian accident is recovering. You can allow a lawyer to deal with the legal process. You also want to act fast to comply with Louisiana’s CC Art. 3492, which allows you only one year from the date of the accident to file a personal injury lawsuit. You also have one year to file a wrongful death lawsuit, per CC Art. 2315.2.
One of our Abbeville pedestrian accident attorneys can negotiate a fair settlement even if you are partly at fault. Contact Laborde Earles Injury Lawyers today and get a free case evaluation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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