Pedestrians are protected under several Louisiana state laws. In most cases, motorists have a legal duty to yield to people on foot. When they fail to do so, victims can sustain severe or even life-threatening injuries. They may be left with thousands in medical bills, lost wages, and long-lasting physical pain.
This is where a knowledgeable Avoyelles Parish pedestrian accident lawyer comes in. A seasoned personal injury attorney could help you build a case showing that the defendant acted negligently. If your claim is successful, you could recover compensation for your losses.
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 Louisiana Civil Code §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.
Damages Arising from Pedestrian Accidents
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 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 pre-determined 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 for attorneys and juries to quantify. To prove non-economic losses, a skilled attorney might use evidence such as counseling records or expert testimony.
Negotiating 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. 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 attorneys could provide valuable advice and guidance.
An Avoyelles Parish Pedestrian Accident Attorney Could Help
If a negligent driver caused you to suffer injuries in a pedestrian accident, you should not be burdened with medical bills, pain, and lost wages. While the legal system provides a means to recover compensation, pursing an effective personal injury claim alone can be difficult and frustrating. Fortunately, an Avoyelles Parish pedestrian accident lawyer could dedicate time to your case and help you receive the settlement or award you deserve. To learn more, call today and schedule a consultation.