What Affects Compensation for a Pedestrian Accident?
- john174031
- Dec 30, 2025
- 22 min read
A serious accident creates challenges for anyone, but for those in working-class and immigrant communities, the hurdles can feel even higher. Language barriers can make it nearly impossible to understand complex legal documents, and a cultural distrust of the legal system might make you hesitate to ask for help. You have a right to justice, and your background should never stand in the way. This guide is designed to provide clear, straightforward answers about your rights and the legal process. We’ll explain how to overcome these common obstacles and fight for the compensation for a pedestrian accident that you and your family deserve, ensuring your voice is heard every step of the way.
Key Takeaways
Look beyond the initial bills
:
- Your actions at the scene are crucial
: Immediately seeking medical attention, documenting everything with photos, and filing a police report create the essential evidence needed to build a strong personal injury claim.
- Question the insurance company's motives
: Adjusters aim to settle claims for as little as possible. Having an experienced attorney on your side levels the playing field and protects you from unfair tactics and lowball offers.
What Compensation Can You Claim After a Pedestrian Accident?
After being hit by a vehicle, the physical and emotional toll is often overwhelming. The financial strain shouldn't be something you have to carry alone. In a personal injury case, the goal is to recover compensation—the legal term for money that covers your losses—to help you get back on your feet. This isn't about a windfall; it's about making you "whole" again by accounting for every way the accident has impacted your life.
The compensation you can claim is unique to your situation but generally falls into a few key categories. These include the immediate costs, like your hospital bills and damaged property, as well as the long-term effects, like future medical treatments and lost income. It also covers the non-financial impact, such as the physical pain and emotional distress you've endured. Understanding what you're entitled to is the first step toward securing a fair outcome and focusing on your recovery. A successful personal injury claim should address all of these damages.
Covering Medical Bills and Future Care
Medical expenses are often the most immediate and pressing concern after a pedestrian accident. Compensation covers everything from the initial ambulance ride and emergency room visit to hospital stays, surgeries, and prescription medications. But it doesn’t stop there. Many injuries require ongoing treatment, such as physical therapy, rehabilitation, or sessions with specialists. Your claim should also account for any future medical care you’ll need. This is especially critical for severe injuries, like spinal cord injuries, which may require lifelong assistance, home modifications, or specialized equipment. The goal is to ensure you aren’t left paying out-of-pocket for care you need years down the road because of someone else’s negligence.
Recovering Lost Wages and Earning Potential
An injury doesn't just affect your health; it can also impact your ability to work and provide for your family. If you had to miss work while recovering, you can claim compensation for those lost wages. Be sure to keep track of any days you missed, even if you used sick leave or vacation time. More significantly, if your injuries prevent you from returning to your previous job or limit your ability to earn money in the future, you can seek damages for lost earning potential. This is a crucial part of any claim, as it helps secure your financial stability when a long-term injury changes your career path.
Accounting for Pain and Suffering
Not all losses come with a price tag. "Pain and suffering" is a legal term for the physical discomfort and emotional distress caused by an accident. This includes the actual pain from your injuries, as well as the mental anguish, anxiety, stress, and loss of enjoyment of life that often follow a traumatic event. For example, you may no longer be able to enjoy hobbies, play with your children, or live with the same independence you had before. While no amount of money can erase this suffering, compensation for it acknowledges the profound, non-financial impact the accident has had on your life and well-being.
Getting Reimbursed for Property Damage
While your physical health is the top priority, you can also be reimbursed for any personal property that was damaged or destroyed in the accident. This commonly includes items you were carrying or wearing at the time, such as a cell phone, laptop, watch, or even your clothing and shoes. It might seem minor compared to your medical bills, but these costs add up. Make a list of any damaged items and find receipts if you can. Getting compensation for your property is another small but important part of ensuring you are fully compensated for all of your losses after a pedestrian accident.
How Is Fault Decided in a Pedestrian Accident?
After an accident, one of the first questions that comes up is, "Who was at fault?" It sounds simple, but the answer is often more complex than just pointing a finger. In the eyes of the law, fault isn't about blame; it's about determining who acted carelessly and whether that carelessness led to the incident. Both drivers and pedestrians have a responsibility to follow traffic laws and pay attention to their surroundings.
To figure out who is legally responsible, insurance companies and lawyers look at the specific actions of everyone involved. They piece together the moments leading up to the accident to understand what happened and why. This process involves looking at the evidence, understanding the rules of the road, and applying legal principles like negligence and shared fault to the situation. It’s this careful review that ultimately shapes the outcome of a personal injury claim and determines what compensation is fair.
What Is Negligence in a Pedestrian Case?
Negligence is a legal term for when someone fails to act with reasonable care, causing harm to another person. In a pedestrian accident, this usually means looking at the driver's actions. Did they run a red light, speed through a school zone, or text while driving? Any action that violates traffic laws or shows a lack of reasonable caution can be considered negligence. For example, a driver who fails to yield to a pedestrian in a marked crosswalk is almost always seen as acting negligently.
However, a driver doesn't have to break a specific law to be found negligent. Simply not paying attention, like failing to see a pedestrian because they were adjusting the radio, could be enough. The key question is whether the driver acted as a reasonably careful person would have under the same circumstances.
How Sharing Fault Affects Your Compensation
It’s possible for more than one person to be at fault in an accident. States like New Jersey, New York, and Florida follow a "comparative fault" rule. This means that if you, the pedestrian, are found to be partially responsible for the accident, your compensation can be reduced. For instance, if you were crossing the street outside of a crosswalk and a speeding car hit you, a court might decide you were 20% at fault. In that case, your total compensation would be reduced by 20%.
This is why insurance companies often try to shift blame onto the pedestrian. They might argue you were distracted by your phone or weren't paying attention. Understanding how shared fault works is crucial, as it directly impacts the financial outcome of your claim for car and truck accidents and other incidents.
Using Evidence to Prove Who's at Fault
Because fault can be shared, building a strong case depends entirely on the evidence. Your story alone isn't enough; you need proof to back it up. Solid evidence helps create a clear picture of what happened and demonstrates the driver's negligence. The most powerful pieces of evidence often include the official police report, photos and videos of the accident scene, and statements from anyone who witnessed the incident.
Traffic camera footage, dashcam videos, and even surveillance footage from nearby businesses can also be incredibly valuable. This evidence helps establish key facts, like who had the right of way and whether the driver was speeding or distracted. An experienced attorney can help gather and preserve this crucial information to build the strongest possible argument on your behalf.
What Key Factors Influence Your Settlement?
When you’re recovering from an accident, it’s natural to wonder what your case might be worth. The truth is, there’s no simple calculator for a personal injury settlement. Every case is unique, and the final amount depends on a combination of factors. Understanding these key elements can help you see the full picture of your claim and what goes into fighting for fair compensation. From the extent of your injuries to the fine print in an insurance policy, each detail plays a critical role in the outcome. An experienced attorney can help you put the pieces together, but knowing what to expect is the first step toward feeling in control.
The Severity of Your Injuries
The most significant factor in any settlement is the severity of your injuries. A more serious injury that requires extensive medical treatment will naturally lead to a higher settlement value. This isn't just about the immediate hospital bills. Compensation is calculated to cover past and future medical care, physical therapy, and any necessary long-term assistance. It also includes lost wages from time you couldn't work and your loss of future earning capacity if you can't return to your job. For catastrophic injuries like spinal cord injuries or amputations, the settlement must also account for pain and suffering, which covers the physical pain and emotional distress you’ve endured.
The Available Insurance Coverage
Unfortunately, the value of your claim can be limited by the amount of available insurance coverage. Every driver is required to carry a certain amount of liability insurance, but many only purchase the state minimum. For example, if your damages total $100,000 but the at-fault driver only has a $25,000 policy, their insurance company will not pay a penny more than that limit. In these situations, we look for other sources of recovery, such as your own policy’s uninsured or underinsured motorist (UM/UIM) coverage. Understanding the different policies involved in car and truck accidents is crucial to maximizing your recovery.
State Laws and Legal Caps
Where your accident happened matters. Each state—whether it's New Jersey, New York, Massachusetts, or Florida—has its own specific laws that can influence your settlement. For instance, states have different rules about "comparative negligence," which looks at whether you were partially at fault for the accident. If you are found to be 30% responsible, your final settlement could be reduced by that amount. Some states also place caps or limits on the amount of non-economic damages (like pain and suffering) you can receive. An experienced attorney will know the specific state laws that apply to your case and how to build a strategy around them.
The Strength of Your Evidence and Documentation
A strong case is built on strong evidence. The more proof you have to support your claim, the better your position will be during negotiations. This starts at the scene of the accident. If you are able, take photos and videos of the area, your injuries, and any vehicle damage. It’s also important to get contact information from the driver and any witnesses. A police report provides an official record of the incident, and your medical records create a clear timeline of your injuries and treatment. This documentation is essential for proving liability and demonstrating the full extent of your damages in any personal injury claim.
What Are the First Steps to Take After an Accident?
The moments after an accident are often chaotic and overwhelming. Your adrenaline is pumping, and it’s hard to think clearly. But the actions you take right away can have a huge impact on your health and your ability to get fair compensation later. If you find yourself in this situation, take a deep breath and focus on these four essential steps. They can help you protect yourself physically, financially, and legally. Think of this as your immediate to-do list to regain control.
Prioritize Your Medical Needs
Your health is the absolute first priority. Even if you feel fine, get medical attention right away. Some serious injuries, like internal bleeding or concussions, don't show symptoms immediately. Going to the emergency room or seeing your doctor creates an official record of your injuries and links them directly to the accident. This medical documentation is crucial for any future personal injury claim. If you wait days or weeks to see a doctor, an insurance company might argue that your injuries weren't that serious or were caused by something else entirely. Don't give them that opportunity—put your well-being first.
Document the Scene
If you are physically able, use your smartphone to become your own investigator. Take photos and videos of everything you can. Capture the damage to all vehicles involved, license plates, skid marks on the road, traffic signs, and the overall weather and road conditions. It’s also helpful to take pictures of your visible injuries. This evidence helps paint a clear picture of what happened and who might be at fault. A strong visual record can be incredibly persuasive and prevent key details from being forgotten or disputed later, whether you were in a car accident or injured on a poorly maintained property.
Get Witness and Driver Information
Information is power. Politely exchange key details with the other driver, including their name, address, phone number, driver's license number, and insurance company information. Avoid discussing fault or apologizing; just stick to the facts. If there were any witnesses, ask for their names and phone numbers. Independent witness testimony can be invaluable, especially if the other driver changes their story later on. A bystander who saw the whole thing can confirm your version of events and provide a neutral perspective that strengthens your case significantly.
File a Police Report
Always call the police to the scene of an accident, no matter how minor it seems. A police report is an official, unbiased document that details the facts of the incident. The responding officer will note the date, time, and location, gather statements from everyone involved, and may even issue a ticket if a traffic law was broken. This report serves as a critical piece of evidence. It’s one of the first things an attorney will review to understand the case, and it’s especially important in complex situations like a multi-vehicle pile-up or a train accident. Make sure you get the report number before you leave the scene.
What Are the Most Common Injuries in Pedestrian Accidents?
When a vehicle strikes a pedestrian, the person on foot has no protection. The resulting injuries can range from scrapes and bruises to catastrophic, life-altering conditions. The type and severity of your injuries are the most significant factors in determining what a fair settlement looks like. Understanding these common injuries can help you recognize the full scope of what you’re dealing with and why it’s so important to document every aspect of your medical care. Below are some of the most frequent injuries we see in pedestrian accident cases.
Traumatic Brain Injuries (TBIs)
A traumatic brain injury occurs when a sudden blow or jolt to the head damages the brain. For a pedestrian, this can happen from the initial impact with the vehicle or a secondary impact with the ground. TBIs can be deceptive; you might feel fine at first, but symptoms can develop later. These injuries can lead to long-term cognitive problems, memory loss, and personality changes. Because of their severity, more serious injuries like TBIs often result in higher payouts. This is because a claim must account for past and future medical bills, lost wages, and the immense personal injury and emotional distress involved.
Broken Bones and Fractures
Broken bones are incredibly common in pedestrian accidents. The force of a car can easily fracture legs, arms, ribs, and hips. While some fractures heal with a simple cast, others require extensive surgery, including the insertion of plates, rods, or screws. Recovery can be long and painful, often involving months of physical therapy to regain mobility and strength. Even what seems like a minor fracture can keep you out of work and interfere with your daily life. While every case is unique, settlements for these injuries must reflect the cost of medical treatment, rehabilitation, and time away from your job.
Spinal Cord and Back Injuries
The spine is a complex and fragile structure, and any damage to it can have devastating consequences. An impact can cause herniated discs, fractured vertebrae, or direct damage to the spinal cord itself. More severe injuries can lead to partial or complete paralysis, forever changing a person's life. The lifelong care required for serious spinal cord injuries can be astronomical, covering everything from mobility aids and home modifications to ongoing medical treatment and personal assistance. The size and speed of the vehicle that hit you often play a role in the severity of these injuries and the compensation needed to manage them.
Sprains, Strains, and Other Soft Tissue Damage
Soft tissue injuries refer to damage to the body's muscles, ligaments, and tendons. While they don't involve broken bones, they should never be dismissed as "minor." Injuries like whiplash, deep bruising, and torn ligaments can cause chronic pain and significantly limit your ability to move and work. Because these injuries aren't always visible on an X-ray, it's crucial to get a thorough medical evaluation and follow your doctor's treatment plan. The impact of soft tissue damage varies widely, which is why settlements can range from covering a few weeks of physical therapy to compensating for long-term pain and suffering.
How Will the Insurance Company Handle Your Claim?
After an accident, one of the first calls you’ll likely get is from an insurance adjuster. It’s important to remember who they work for. The insurance company’s primary goal is to protect its bottom line by paying out as little as possible. They are not on your side, even if the adjuster seems friendly and concerned. Their job is to resolve your claim quickly and for the lowest amount they can. This is why understanding their process and common tactics is so crucial for protecting your rights.
Navigating a personal injury claim means you'll be dealing with adjusters, paperwork, and negotiations. They handle thousands of claims and have a set playbook for minimizing payouts. They might ask for a recorded statement right away, hoping to catch you saying something that could weaken your case. They might also make a quick settlement offer that seems tempting, especially when medical bills are piling up. But these initial offers rarely cover the full, long-term cost of an injury. Knowing what to expect can help you stay in control and make informed decisions instead of feeling pressured.
What to Expect from the Driver's Insurer
The at-fault driver's insurance company will assign an adjuster to your case almost immediately. This person's role is to investigate the accident and limit the company's financial liability. They will likely try to get you to admit some level of fault, question the severity of your injuries, or argue that your medical treatments weren't necessary. When you speak with them, stick to the basic facts of the accident. Avoid speculating or giving opinions. You are not obligated to provide a recorded statement, and it's often best to consult with an attorney before doing so. Anything you say can be used to devalue your claim, especially in complex car and truck accidents.
Using Your Own Insurance Coverage
You might be surprised to learn that your own insurance policy can be a critical resource after a pedestrian accident. In states like New Jersey and Florida, your own auto insurance policy includes Personal Injury Protection (PIP), which covers your initial medical bills regardless of who was at fault. This is often the fastest way to get your immediate medical expenses paid. If the at-fault driver has no insurance or not enough to cover your damages, your Uninsured/Underinsured Motorist (UM/UIM) coverage may apply. Understanding your own policy is key, as it can provide a vital safety net while your claim against the other driver proceeds, and we can help with any PIP arbitrations that arise.
Common Insurance Tactics to Watch Out For
Insurance companies use several common tactics to reduce the value of your claim. One of the most frequent is offering a quick, low settlement. They know you're stressed and may need money fast, so they dangle an offer before you even know the full extent of your injuries. Another tactic is to delay the process, hoping you'll become frustrated and accept a lower amount just to be done with it. They may also dispute the necessity of your medical treatments or argue that your injuries, like spinal cord injuries, were pre-existing. Being aware of these strategies is the first step in protecting yourself from an unfair outcome.
What Common Myths Can Hurt Your Claim?
After an accident, misinformation can be just as damaging as your injuries. Believing common myths about pedestrian accidents can prevent you from getting the full compensation you deserve. Let’s clear up a few misconceptions that could stand in the way of your recovery.
Myth: Pedestrians Always Have the Right of Way
It’s a widespread belief that pedestrians automatically have the right of way, but that’s not always true. While drivers have a significant duty to watch for people on foot, pedestrians also have a responsibility to follow traffic laws. This includes using marked crosswalks when available and obeying traffic signals. An insurance company might argue that you were partially at fault if you crossed against a signal or darted into traffic. Understanding the specific laws that apply to your situation is a critical part of building a strong personal injury claim.
Myth: Jaywalking Means You Get Nothing
If you were injured while crossing the street outside of a designated crosswalk, don’t assume you’ve lost your right to seek compensation. Many states, including New Jersey and New York, use a comparative negligence rule. This means that even if you are found partially at fault for the accident, you can still recover damages. The amount you receive may be reduced based on your percentage of fault, but it doesn’t automatically disqualify your claim. An experienced attorney can help demonstrate how the driver’s negligence was the primary cause of your car or truck accident injuries.
Myth: You Don't Need a Lawyer for "Minor" Injuries
Never underestimate an injury. What feels like minor soreness or bruising right after an accident can develop into a chronic condition requiring long-term medical care. Insurance adjusters often try to get you to settle quickly for a small amount before the full extent of your injuries is known. They count on you thinking it’s “not a big deal.” Seeking legal advice protects your right to future compensation if your condition worsens. A lawyer ensures that any settlement fully covers potential medical needs, not just the immediate ones.
Myth: The First Settlement Offer Is the Best You'll Get
Be very wary of the first offer from an insurance company. It is almost always a lowball amount designed to close your case quickly and cheaply. This initial offer rarely accounts for the full scope of your damages, including future medical bills, lost wages from time off work, and your pain and suffering. Accepting it means you forfeit your right to seek any further compensation for the accident. Before you agree to anything, it’s wise to have a legal professional review the offer and help you understand the true value of your personal injury claim.
What Unique Challenges Do Working-Class Communities Face?
A pedestrian accident can turn your world upside down, no matter who you are. But for many in working-class and immigrant communities, the path to recovery comes with extra hurdles. These challenges aren’t about the strength of your case; they’re systemic barriers that can make it harder to get the justice and compensation you deserve. Understanding these obstacles is the first step toward overcoming them. From language barriers and confusing insurance policies to cultural hesitations about the legal system, knowing what you’re up against helps you find the right support to protect your rights and your family’s future.
Overcoming Language Barriers in the Legal System
If English isn't your first language, trying to understand legal documents and conversations can feel impossible. Legal and insurance terms are confusing enough for native speakers, and language barriers can significantly hinder communication, leading to serious misunderstandings about your rights. This gap can cause you to miss critical deadlines, misinterpret legal advice, or even accept a settlement that is far less than you deserve. You have a right to understand every step of the process, and a language barrier should never stand in the way of a fair outcome for your personal injury claim.
Making Sense of Complex Insurance Policies
Insurance policies are often filled with dense legal jargon that is difficult for anyone to decipher. For working-class individuals who may not have experience with complex contracts, these documents can be completely overwhelming. Insurance companies know this and sometimes use confusing language to protect their own bottom line. This makes it incredibly challenging to figure out what coverage is available and how to secure the compensation you’re entitled to for your medical bills and lost wages. You shouldn’t have to be a legal expert just to get the benefits you need after an accident.
Finding Trusted Bilingual Legal Resources
For non-English speakers, access to bilingual legal help is crucial. It’s not just about direct translation; it’s about having an advocate who can explain complex legal concepts in a way that makes sense to you. A bilingual attorney ensures you can fully understand your rights, the status of your case, and the strategy being used. This level of clarity empowers you to make informed decisions with confidence. Finding a law firm that provides dedicated bilingual support means you will be heard, understood, and respected throughout the entire legal journey, ensuring nothing gets lost in translation.
Addressing Cultural Hesitations to Seeking Help
In some communities, there can be a cultural reluctance to seek legal help. You might worry about being seen as someone who makes trouble, or you may have a general distrust of the legal system. Some people feel that pursuing a claim isn’t worth the time and effort, especially when they are trying to focus on recovery and getting back to work. It’s important to know that seeking legal help is not about causing problems—it’s about protecting your family and holding the responsible party accountable. A compassionate legal team understands these concerns and can provide the guidance you need to feel comfortable standing up for your rights.
When Is It Time to Hire a Pedestrian Accident Attorney?
Deciding to call a lawyer can feel like a big step, especially when you’re focused on healing. You might wonder if your situation is “serious enough” or if you can handle it on your own. While you can manage some minor incidents without legal help, certain red flags signal that it’s time to get professional support. An experienced attorney can protect your rights when the stakes are high, ensuring you aren’t left to face the financial and physical aftermath alone. If you find yourself in any of the following situations, reaching out for legal guidance is a smart move.
When Fault Isn't Clear
After an accident, it’s common for the driver’s insurance company to look for ways to shift the blame. They might suggest you were jaywalking or not paying attention, even if the driver was the one who was negligent. In many states, being partially at fault can reduce your compensation or even prevent you from recovering anything at all. Don’t let an insurance adjuster decide your case. An attorney can gather evidence, interview witnesses, and reconstruct the accident to build a strong case that clearly shows the driver’s responsibility. This is especially important when the details are murky and you need an expert to fight back against unfair accusations.
If Your Injuries Are Severe or Long-Lasting
If your injuries are serious, the financial impact can last a lifetime. Calculating the true cost of a severe injury goes far beyond the initial hospital bills. You have to account for future surgeries, ongoing physical therapy, in-home care, and the wages you’ll lose if you can’t return to work. Injuries like traumatic brain injuries or spinal cord injuries require a comprehensive understanding of long-term medical needs. An attorney works with medical and financial experts to accurately project these future costs, ensuring your settlement is enough to provide for you and your family for years to come, not just for today.
When the Insurance Company Is Unfair
Insurance companies are businesses, and their goal is often to pay out as little as possible. They may pressure you into giving a recorded statement before you’ve had time to think, or they might offer a quick, lowball settlement that doesn’t come close to covering your actual damages. These initial offers are rarely fair and are designed to make you go away quickly. An experienced lawyer recognizes these tactics. They can take over all communication with the insurer and negotiate aggressively on your behalf. Having an advocate in your corner levels the playing field and sends a clear message that you won’t be taken advantage of.
If You Need Help with Complex State Laws
Pedestrian accident and personal injury law can be complicated, with rules that change from state to state. Each state has its own deadlines for filing a claim (statutes of limitations) and different standards for proving fault (comparative negligence). Missing a deadline or misunderstanding a rule could jeopardize your entire case. A local attorney who is deeply familiar with the laws in New Jersey, New York, Massachusetts, or Florida can guide you through the specific legal requirements of your case. They handle the paperwork, deadlines, and legal procedures so you can focus on what matters most: your recovery.
What Resources Can Help You Recover?
After an accident, your main job is to heal. But recovery is about more than just medical care—it’s also about finding the financial, emotional, and legal support you need to move forward. It can feel overwhelming to figure out where to turn, but you don’t have to do it alone. There are several resources available to help you piece your life back together, from legal advocates who speak your language to community programs designed to assist during tough times. Taking the first step to find this support is a powerful part of your recovery.
Navigating the legal system is complicated enough without a language barrier. If English isn't your first language, finding a lawyer who can communicate with you clearly is essential. You need to feel confident that your story is being heard and understood accurately. Getting help from a lawyer is crucial to ensuring you receive fair compensation, and that process starts with clear communication. The right legal team will not only handle the complexities of your case but will also take the time to explain every step in a way that makes sense to you and your family.
Tapping into Community Support Programs
Your recovery journey extends beyond the courtroom. Many local and state-level community programs offer support that can make a real difference. These organizations can sometimes help with transportation to medical appointments, provide mental health counseling, or offer support groups where you can connect with others in similar situations. While your legal claim focuses on securing compensation for things like medical expenses and long-term care needs, these community resources provide an additional layer of support to help you and your family manage the day-to-day challenges of recovery.
Accessing Medical and Rehabilitation Services
Your health is the top priority. Getting immediate and consistent medical attention is not only critical for your physical well-being but also for documenting the extent of your injuries. A successful personal injury claim allows you to recover money for all related medical expenses, from initial emergency room visits and surgeries to ongoing physical therapy and future care needs. Don't delay seeking treatment because you're worried about the cost. Your legal team can help ensure these expenses are accounted for as they build your case for compensation.
Exploring Your Financial Recovery Options
A serious injury can create significant financial strain. Beyond the immediate medical bills, you may be unable to work for weeks, months, or even permanently. A settlement or verdict is designed to provide financial stability by covering these losses. Compensation can account for your current and future medical costs, lost income and diminished earning capacity, and the personal impact of your pain and suffering. The goal is to secure a financial outcome that addresses the full scope of your needs, allowing you to focus on what matters most: your recovery.
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Frequently Asked Questions
How much does it cost to hire a personal injury lawyer? This is one of the first questions people ask, and the answer should put you at ease. Most personal injury attorneys, including our firm, work on a contingency fee basis. This simply means you pay nothing upfront. The lawyer’s fee is a percentage of the settlement or award they win for you. If you don’t get paid, neither do they. This approach allows you to get expert legal help without any financial risk.
How long will it take to resolve my pedestrian accident case? Every case follows its own timeline, so there isn't a one-size-fits-all answer. The duration depends on several factors, including the severity of your injuries and the complexity of your case. A straightforward claim with clear fault might settle in a matter of months. However, a case involving serious, long-term injuries or a dispute over who was responsible could take longer, especially if the insurance company is unwilling to offer a fair settlement and the case needs to be prepared for trial.
The other driver's insurance adjuster called me. What should I say? It's best to say very little. You can confirm basic facts like your name and contact information, but you should politely decline to discuss the details of the accident or your injuries. Never agree to give a recorded statement without speaking to an attorney first. The adjuster's job is to protect their company's interests, and anything you say can be used to reduce the value of your claim. It's wise to let your lawyer handle all communication with them.
What happens if the driver who hit me doesn't have insurance or fled the scene? This is a scary and frustrating situation, but you still have options for recovery. Your own car insurance policy may include Uninsured or Underinsured Motorist (UM/UIM) coverage, which is designed to protect you in a hit-and-run or when the at-fault driver lacks sufficient insurance. An attorney can review your policy to identify all possible sources of compensation and help you file the right claims.
I was crossing the street outside of a crosswalk. Does that mean I don't have a case? Not at all. While insurance companies will try to use this to place blame on you, it doesn't automatically prevent you from receiving compensation. States like New Jersey and New York follow comparative fault rules, which means you can still recover damages even if you are found partially responsible. Your final settlement would simply be reduced by your percentage of fault. A driver still has a duty to be aware of their surroundings, and their negligence is often the primary cause of the accident.
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