12 Critical Mistakes To Avoid When Filing A Pedestrian Accident Lawsuit

Walking on a sidewalk or crossing the street should be a safe activity for pedestrians. However, accidents happen, and when they involve a vehicle, the consequences can be devastating. If you or a loved one has been involved in a pedestrian accident, you may be entitled to compensation for your injuries. But, filing a lawsuit can be a complex process, and there are several critical mistakes you need to avoid to ensure a successful outcome. In this article, we’ll discuss 12 common errors that can harm your chances of receiving the compensation you deserve.

From failing to gather evidence to missing deadlines, each mistake can have a significant impact on your case. We’ll provide you with the information you need to know to avoid these pitfalls and increase your chances of obtaining a fair settlement. Whether you’re filing a lawsuit for the first time or you’re a seasoned plaintiff, this guide is an essential resource to ensure you’re taking the right steps to protect your rights. So, let’s dive in and learn how to avoid these critical mistakes when filing a pedestrian accident lawsuit.

Filing a pedestrian accident lawsuit can be challenging, and making critical mistakes can cost you your case. Avoid these 12 common mistakes: not seeking medical attention, not filing a police report, not preserving evidence, not hiring a lawyer, not understanding the statute of limitations, not knowing the damages you can claim, not negotiating a settlement, not going to trial, not preparing your witnesses, not being truthful, not being patient, and not considering appeal options.

12 Critical Mistakes to Avoid When Filing a Pedestrian Accident Lawsuit

Pedestrian accidents can be devastating and life-changing. If you’ve been injured in a pedestrian accident, it’s important to know your rights. Filing a lawsuit can help you recover compensation for your injuries, but there are critical mistakes to avoid. Here are 12 of the most critical mistakes to avoid when filing a pedestrian accident lawsuit.

1. Waiting too long to file

One of the biggest mistakes you can make is waiting too long to file a pedestrian accident lawsuit. There are time limits, known as statutes of limitations, that apply to personal injury lawsuits. If you wait too long, you may lose your chance to file a lawsuit and recover compensation.

It’s important to contact an experienced pedestrian accident attorney as soon as possible after your accident. They can help you understand the time limit that applies to your case and take the necessary steps to protect your rights.

2. Failing to gather evidence

In a pedestrian accident lawsuit, evidence is crucial. It can help prove fault and establish the extent of your injuries. Failing to gather evidence can weaken your case and reduce your chances of recovering compensation.

Some types of evidence that may be important in a pedestrian accident lawsuit include:

– Police reports
– Witness statements
– Medical records
– Surveillance footage

Your attorney can help you gather and preserve evidence to support your case.

3. Not seeking medical attention

Even if you don’t feel injured after a pedestrian accident, it’s important to seek medical attention. Some injuries, such as traumatic brain injuries and internal injuries, may not be immediately apparent. Delaying medical treatment can worsen your injuries and harm your case.

Seeing a doctor can also create a medical record that documents your injuries. This can be important evidence in a pedestrian accident lawsuit.

4. Not following medical advice

If you do seek medical attention, it’s important to follow your doctor’s advice. This can include attending follow-up appointments, taking medication as prescribed, and following any restrictions on your activities.

Failing to follow medical advice can harm your recovery and harm your case. Insurance companies and defense attorneys may argue that your injuries are not as serious as you claim if you fail to follow medical advice.

5. Talking to insurance adjusters

After a pedestrian accident, you may receive calls from insurance adjusters representing the other driver or their insurance company. It’s important to avoid speaking with these adjusters without first consulting with an attorney.

Insurance adjusters may try to get you to say things that can harm your case. They may also offer lowball settlement offers that do not fully compensate you for your injuries. Your attorney can handle all communication with insurance adjusters and protect your rights.

6. Signing a settlement agreement too soon

Insurance companies may offer a settlement agreement soon after a pedestrian accident. It’s important to avoid signing a settlement agreement too soon. These agreements may not fully compensate you for your injuries and may prevent you from pursuing further legal action.

Before signing a settlement agreement, it’s important to consult with an experienced pedestrian accident attorney. They can advise you on whether the settlement offer is fair and help you negotiate a better settlement if necessary.

7. Failing to account for future damages

When calculating damages in a pedestrian accident lawsuit, it’s important to account for future damages. This can include future medical expenses, lost wages, and reduced earning capacity.

Failing to account for future damages can leave you with inadequate compensation for your injuries. An experienced pedestrian accident attorney can help you calculate future damages and ensure that you receive full compensation for your injuries.

8. Choosing the wrong attorney

Not all attorneys are created equal. Choosing the wrong attorney can harm your case and reduce your chances of recovering compensation. It’s important to choose an attorney with experience in pedestrian accident lawsuits and a track record of success.

Before hiring an attorney, it’s important to research their qualifications and experience. You can also read reviews from past clients to get a sense of their reputation and success rate.

9. Not understanding comparative negligence

In some pedestrian accident cases, both the pedestrian and the driver may be partially at fault. Under comparative negligence laws, the amount of compensation you can recover may be reduced by your percentage of fault.

Not understanding comparative negligence can harm your case and reduce your compensation. An experienced pedestrian accident attorney can help you understand how comparative negligence laws apply to your case and protect your rights.

10. Failing to consider alternative dispute resolution

Litigation can be time-consuming and expensive. Alternative dispute resolution methods, such as mediation or arbitration, may offer a faster and more cost-effective way to resolve your case.

Failing to consider alternative dispute resolution can harm your case and leave you with less compensation. An experienced pedestrian accident attorney can help you understand your options and choose the best method for resolving your case.

Conclusion

Filing a pedestrian accident lawsuit can be a complex and challenging process. By avoiding these critical mistakes, you can protect your rights and increase your chances of recovering full compensation for your injuries. Contact an experienced pedestrian accident attorney to learn more about your legal options.

Frequently Asked Questions

What are some common mistakes people make when filing a pedestrian accident lawsuit?

When filing a pedestrian accident lawsuit, there are several critical mistakes that can significantly impact the outcome of your case. One common mistake is failing to gather enough evidence to support your claim. This can include not taking photos of the accident scene or not getting contact information from witnesses. Another mistake is waiting too long to file a claim. Most states have a statute of limitations that limits the amount of time you have to file a lawsuit.

How can I avoid making critical mistakes when filing a pedestrian accident lawsuit?

There are several ways to avoid making critical mistakes when filing a pedestrian accident lawsuit. First, it is crucial to gather as much evidence as possible, including photos, witness statements, and medical records. It is also essential to seek legal representation from an experienced attorney who understands the intricacies of pedestrian accident cases. Your attorney can help you navigate the legal system and ensure that your rights are protected.

What should I do if I have already made critical mistakes when filing a pedestrian accident lawsuit?

If you have already made critical mistakes when filing a pedestrian accident lawsuit, it is not too late to take corrective action. The first step is to seek legal representation from an experienced attorney who can help you navigate the legal system and correct any mistakes that have been made. Your attorney can help you gather additional evidence and file a lawsuit before the statute of limitations expires.

What types of damages can I recover in a pedestrian accident lawsuit?

If you have been involved in a pedestrian accident, you may be entitled to recover several types of damages, including medical expenses, lost wages, pain and suffering, and property damage. Your attorney can help you determine the full extent of damages you are entitled to and work to ensure that you receive fair compensation for your injuries and losses.

How long will it take to resolve a pedestrian accident lawsuit?

The length of time it takes to resolve a pedestrian accident lawsuit can vary significantly depending on several factors, including the complexity of the case, the amount of evidence involved, and the willingness of the parties to reach a settlement. In some cases, a lawsuit may be resolved within a few months, while in others, it may take several years to reach a resolution. Your attorney can give you a better idea of how long your case is likely to take based on the specific circumstances of your case.

In conclusion, filing a pedestrian accident lawsuit can be a daunting process, but avoiding these 12 critical mistakes can make all the difference. By understanding the importance of gathering evidence, seeking medical attention, and avoiding social media, you can increase your chances of a successful outcome.

Remember that time is of the essence when it comes to filing a lawsuit, so don’t hesitate to seek legal help as soon as possible. With the right attorney by your side, you can navigate the complex legal system and fight for the compensation you deserve.

Ultimately, the most important thing to keep in mind is to prioritize your health and well-being above all else. While a lawsuit can provide financial relief, it’s important to focus on your physical and emotional recovery first and foremost. By taking care of yourself and avoiding these common mistakes, you can increase your chances of a positive outcome and move forward with your life.