Drivers of any type of vehicle are legally mandated to share the road with pedestrians. They must yield to pedestrians at unmarked crosswalks or when they have the right of way at marked crosswalks. Drivers who fail to abide by traffic laws and cause injuries to walkers may be financially liable.
If you were involved in a pedestrian accident, contact a Marksville pedestrian accident lawyer to learn more about your legal rights and options. A compassionate personal injury lawyer from Laborde Earles Injury Lawyers could help you file a claim for the compensation to which you may be entitled.
Damages You Can Claim in a Pedestrian Accident Case
A successful pedestrian accident lawsuit will result in either a fair settlement or a jury awarding the plaintiff compensation. A pedestrian accident lawyer in Avoyelles Parish from our legal team could help injured pedestrians recover the damages owed to them by the liable party who caused their accident.
Damages usually fall into two categories: economic and non-economic. Economic damages have a predetermined value and are easily proven with bills, pay stubs, or receipts. Common examples include medical bills and lost wages. Non-economic damages can include:
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional trauma
- Loss of a bodily function
Non-economic damages are typically more difficult to quantify. To prove non-economic losses, a skilled attorney from Laborde Earles injury Lawyers might use evidence such as counseling records or expert testimony.
For a free legal consultation with a pedestrian accident lawyer serving Marksville, call (318) 777-7777
An Attorney Can Help You Negotiate a Fair Settlement
Most pedestrian accident cases include at least one attempt to negotiate a fair settlement with the plaintiff’s insurance company. This is sometimes done with direct communication between the opposing attorneys or at a mediation conference. Settlements are often preferable for both the plaintiff and the defendant, as they bring the case to a close with less expense and risk than a trial.
It is not uncommon for settlement negotiations to happen over several months, or there may be many offers back and forth between the two parties.
We Can Take Your Case to Trial on Your Behalf, if Necessary
If we cannot secure a fair settlement for you through negotiations with the at-fault driver’s insurance company, we can file a lawsuit to get compensation for you.
In some cases, the defendant does not make a fair settlement offer until the days leading up to the trial. The decision of whether or not to settle is ultimately up to the victim, but our attorneys could provide valuable advice and guidance.
Marksville Pedestrian Accident Lawyer Near Me (318) 777-7777
How Comparative Negligence Works
While there are no caps set on how much plaintiffs could be awarded in pedestrian accident cases, Louisiana uses the rule of comparative negligence, which can decrease the amount a plaintiff can receive.
As per Louisiana Civil Code (CC) §2323, if the plaintiff is found to be partially liable for their own injuries, the jury may reduce the amount of their award according to what percentage of fault is attributable to them. At the end of a civil trial, the jury will determine what types and amount of damages a plaintiff is entitled to and may decide if the plaintiff is to blame in any way.
You may still be Able to Recover Damages Even if You Were Partially at Fault
If the plaintiff shares partial fault, the jury will determine what percentage of liability the plaintiff holds. That amount will then be deducted from the full award.
If a pedestrian was wearing all black with no reflective clothing and was jaywalking, a jury may find them to be 45 percent liable for their damages. The total amount of their award they can collect will then be reduced by 45 percent. A seasoned attorney from Laborde Earles Injury Lawyers may be able to deduce if a pedestrian shares any liability for their personal injury and prepare their case accordingly.
Why Hire a Pedestrian Accident Lawyer for Your Case?
When you hire a Marksville lawyer from Laborde Earles Injury Lawyers to handle your pedestrian accident case, we will take care of everything for you—you focus on recovering from your injuries. As part of our services, we will:
- Investigate your case and gather evidence
- Build a case to prove the driver’s negligence
- File a personal injury claim with the proper insurance company
- Negotiate a settlement on your behalf
- File a lawsuit to seek compensation in civil court
We work on a contingency-fee-basis, meaning there is no risk to you in taking on our services. We only get paid once we win you a settlement. Our Marksville office, located at 306 North Washington Street, is ready to take your case.
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The Pedestrian Accident Statute of Limitations in Avoyelles Parish
Many pedestrian accident victims do not realize that their time to file a lawsuit is restricted under CC §3492. This statute of limitations, or prescription period, gives injured individuals just one year from the date of their accident to file a claim or have an Avoyelles Parish pedestrian accident attorney do so on their behalf.
Failing to meet this deadline will likely preclude the plaintiff from receiving compensation for his or her injuries. Our legal team can ensure we build your case with enough time left to file a lawsuit if we need to. The sooner you reach out to the Laborde Earles Injury Lawyers team, the sooner we can get started on your case.
Let a Marksville Pedestrian Accident Attorney Help you File Your Claim on Time
Experienced attorneys understand the extent to which such an accident may impact you for your lifetime, so call today at (318) 777-7777 to learn more about the compensation you may be entitled to and how an attorney from our firm could help. Whether it is settling your case pre-trial or moving on to the courtroom, our attorneys are here for you.