Pedestrian Accident Lawyer In New York, NY
The key to winning a personal injury lawsuit, in any case, is proving liability. In other words, whose behavior caused or significantly contributed to the accident? Did the driver break a traffic law prior to hitting you? Run a red light? Drive at an excessive speed? Was the driver distracted (texting or on the phone) at the time of the accident? Was the accident avoidable? There may be more than one driver who contributed to hitting you. Perhaps one driver ran a red light and a driver coming from another direction had to swerve to miss the first driver and by doing so, the driver that swerved came in contact with the pedestrian on the sidewalk.
Once an experienced New York, NY pedestrian accident lawyer learns about the specifics of your situation, you will be able to ask any questions you may have. At that time, you will be able to make an informed decision about any legal options that may be available to you. It is important to understand that you may not have all the information you need to make an informed decision before a member of the legal team at Okun, Oddo & Babat, P.C. investigates your situation. You may not know that the driver who hit you was distracted or drunk. You may not know that the car that hit you had been improperly sold to the driver because it was defective and the driver was unaware of this fact. Our team of New York, NY pedestrian accident lawyers can look into the circumstances surrounding your accident so that you can make the most informed decision possible.
What Kind of Damages can a Pedestrian Collect?
The purpose of a personal injury lawsuit is to help make the victim as ‘whole’ again as possible by awarding damages to compensate for all the damage suffered by the pedestrian as a result of the accident. There are several different categories of damages; these include:
Past and future lost wages
If you were not able to work because of the injuries you incurred when you were struck, you can ask for any income you lost or may continue to lose as a result of your inability to work.
Medical expenses incurred or that will be incurred as a result of the accident
These are generally easy to calculate and will require copies submitted to your New York, NY pedestrian accident lawyer along with any physician’s report or emergency room documentation if applicable.
Pain and suffering
This is harder to calculate because it is more subjective. If the accident caused any permanent damage, you may be able to collect more money in damages.
Contact an Attorney
If you have suffered from injuries due to an accident where you were hit by a car, it may benefit you to contact a New York, NY pedestrian accident lawyer. Our team can work with you to protect your rights and help you receive the compensation you are entitled to as a result of your accident. New York City, being a large metropolitan area, has a relatively high rate of pedestrian accidents. In cases such as this, it is important that victims seek a pedestrian accident lawyer in New York, NY to represent them.
A pedestrian accident lawyer may be able to help clients receive compensation for accidents involving common causes such as: vehicles traveling at unsafe speeds, vehicles failing to yield to pedestrians at crosswalks, motorists ignoring or disobeying traffic signals, or motorists failing to focus complete attention on the road. Contrary to common misconceptions, these reasons are typical causes of accidents in New York City.
Surprisingly, jaywalking pedestrians are not the most common victims of accidents. Rather, it is law-abiding pedestrians who make up the bulk of pedestrian accident statistics. Especially in this age of technology, there are many distractions for drivers––and this distracted driving may be at the root of many collisions, which cause serious injury to pedestrians. A pedestrian accident lawyer in New York, NY can help get to the root of the cause.
Some of the most common injuries sustained in a pedestrian accident are:
- Fractures: Sustained when the pedestrian strikes the windshield or hood of a car
- Internal injuries: These serious injuries may not be immediately apparent, but any internal pain can be an indication that serious internal damage may have occurred in the accident (such as damage to the heart, lungs, brain, and other vital organs).
- Serious cuts and gashes: These injuries range from minor cuts to serious open wounds. No matter how minor a cut or wound may seem, it is vital that victims have any open wound examined to prevent the risk of infection or other complications.
- Damage to spine: Damage to the back and spine can have serious long-term effects on a person’s well-being. If you are experiencing back pain of any kind after an accident, it is imperative that you obtain medical attention.
A good pedestrian accident lawyer can tell a client that the above symptoms are serious and warrant, at the very least, a consultation after the crash. Some victims may experience shock after a collision and desire to forget about the accident. It is important to ensure that fallout after the crash is dealt with. Neglecting symptoms of injuries can lead to serious long-term health problems that detract from quality of life. In addition to the reassurance of following up with professionals, you may find that you are eligible for compensation.
Initiating a Personal Injury Case
When you are injured in an accident, there are many steps you will need to take if you wish to collect damages from the negligent party. While healing from injuries, it can feel completely overwhelming to pursue compensation. For those unfamiliar with the New York, NY legal system, personal injury cases can be complicated. In order to reach a resolution to your personal injury as quickly as possible, it’s important to meet with an attorney. A pedestrian accident lawyer in New York, NY can advise you regarding whether you should attempt to settle with the negligent party or take your case to court.
Meeting with an Attorney
Once you have been injured, it’s important that you determine how you will move forward before the statute of limitations runs out. Sometimes, the best place to begin is with the legal guidance of an attorney. In fact, most pedestrian accident lawyers provide their first consultation free of charge. This can allow for you to meet with an attorney, ask questions surrounding their experience and get a feel for whether you could work with them.
In addition to this, they will review the details of your case. It’s important to provide them with as much information as possible such as, documentation of your injuries, medical bills, and whether you have spoken with any insurance company. An attorney will then determine if you have a strong personal injury case on your hands. Once you have signed a contract agreeing to the attorney’s services, they will advise you surrounding next steps. Often, they will start with investigating your injury and gathering as much information as possible. Following this, they will determine whether or not you should attempt to settle with the insurance company or move straight to filing a lawsuit.
Settlement Vs. Lawsuit
There is a significant difference between a personal injury settlement and a personal injury lawsuit. The following can provide insight into the difference between the two and when they may be best utilized:
- Personal Injury Claims: When a victim files a personal injury claim, they do so with the lawyer of the negligent party. Through this process, victims and their attorneys can negotiate a settlement. An attorney is an intricate part to this process as they are far more likely to negotiate a settlement that you can be satisfied with. The process involves:
- Notifying any applicable insurance company of the accident
- Providing proof that the person causing the accident was responsible
- Proving that you obtained damages that warrant a settlement
- Personal Injury Lawsuits: Is when a victim who has suffered an injury at the hands of another file an official complaint with the courts to obtain compensation for damages. When two parties can’t come together to work out a settlement they can agree upon, a lawsuit may be the best available option. Sometimes a lawsuit is a better fit than a settlement; however, they can be more expensive and drawn out. Although you do not have to wait for a claim denial in order to pursue a lawsuit, sometimes it makes more sense to attempt to settle first.
It can be difficult to determine whether you should file a claim or a lawsuit without the assistance of a pedestrian accident lawyer in New York, NY. They will be able to take a look at your specific case to help you determine the path you should take based on your needs.
In the case of an accident, it is often important that medical attention is found quickly and that the police are contacted. If you are involved in an accident, it may also be prudent to contact a New York pedestrian accident lawyer. These professionals can listen to your case and to give advice as to which steps need to be taken. Contact a pedestrian accident lawyer New York, NY depends on at Okun, Oddo & Babat to see which steps you should take after an accident.
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