Filing a Car Accident Claim for Injuries Sustained as a Pedestrian

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Pedestrian accidents in New Jersey are unfortunately common, with many resulting in serious injuries or even fatalities. As a pedestrian, you have specific rights and protections under New Jersey law, designed to ensure your safety on the road. When these rights are violated by a negligent driver, the law provides avenues for you to seek compensation for your injuries.

Common Causes and Legal Implications

Pedestrian injury claims arise when a pedestrian is struck by a vehicle, whether while crossing the street, walking along the sidewalk, or standing in a designated pedestrian area. Common causes of these accidents include distracted driving, speeding, failure to yield at crosswalks, and driving under the influence. Understanding the legal implications of these accidents is crucial, as it determines the course of action you should take when filing a claim.

Determining Liability in New Jersey

In New Jersey, liability in pedestrian accidents is typically determined by the concept of negligence. If the driver is found to be at fault, they or their insurance company may be responsible for compensating the pedestrian for medical expenses, lost wages, pain and suffering, and other related costs. However, proving negligence requires thorough documentation and a clear understanding of the legal process.

The Legal Process for Filing a Pedestrian Injury Claim

The first step in filing a pedestrian injury claim is taking immediate action following the accident. Your safety and health should be the top priority, so seek medical attention even if your injuries seem minor. Prompt medical care not only ensures your well-being but also provides essential documentation for your claim.

Gathering Evidence and Documentation

Gathering evidence is the next crucial step. This includes taking photographs of the accident scene, obtaining contact information from witnesses, and preserving any physical evidence such as damaged clothing or personal items. Additionally, a police report is often one of the most critical pieces of evidence in a pedestrian injury claim. Be sure to report the accident to the authorities and obtain a copy of the report for your records.

Importance of Medical Records

Medical records will play a significant role in your claim. They serve as proof of the injuries sustained and are necessary to establish the extent of your damages. Ensure that you follow all prescribed medical treatments and keep detailed records of your medical visits, treatments, and related expenses.

New Jersey’s Comparative Negligence Rule

It’s also important to note that New Jersey operates under a comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you were crossing outside of a crosswalk, the defense may argue that you share some responsibility for the accident. An experienced attorney can help navigate these complexities to ensure you receive the compensation you deserve.

Working with Insurance Companies: What You Need to Know

Dealing with insurance companies can be one of the most challenging aspects of filing a pedestrian injury claim. Insurance adjusters often aim to minimize the payout to protect their company’s bottom line. As a result, they may employ various tactics to devalue or deny your claim.

Handling Conversations with Insurance Adjusters

It’s essential to approach conversations with insurance adjusters with caution. Provide only the necessary details and avoid admitting any fault or downplaying your injuries. It’s advisable to consult with a personal injury attorney before giving any statements to insurance representatives. An attorney can guide you on what to say and help you avoid common pitfalls that could jeopardize your claim.

Understanding Settlement Offers

Insurance companies might also offer a quick settlement, which can be tempting, especially if you’re facing mounting medical bills and lost income. However, these initial offers are often much lower than what you may be entitled to. It’s crucial to have a clear understanding of the full extent of your injuries and the long-term impact on your life before accepting any settlement offer. An experienced attorney can negotiate with the insurance company on your behalf to ensure you receive fair compensation.

Why Legal Representation is Crucial for Your Claim

While it’s possible to file a pedestrian injury claim on your own, having legal representation significantly increases your chances of a successful outcome. Personal injury lawyers, like those at The Epstein Law Firm, P.A., have the expertise and resources to handle all aspects of your claim, from gathering evidence to negotiating with insurance companies.

Filing Your Claim Correctly and On Time

An attorney will ensure that your claim is filed correctly and within the statute of limitations, which in New Jersey is typically two years from the date of the accident. Missing this deadline could result in your claim being dismissed, so it’s essential to act promptly.

How The Epstein Law Firm, P.A. Can Maximize Your Settlement

The Epstein Law Firm, P.A. specializes in personal injury cases and understands the intricacies of New Jersey law. They can assess the value of your claim based on the severity of your injuries, the impact on your quality of life, and other factors such as lost wages and future medical expenses. With their experience, they can negotiate a higher settlement than you might achieve on your own.

Understanding the Contingency Fee Structure

Additionally, most personal injury attorneys, including The Epstein Law Firm, P.A., work on a contingency fee basis. This means you don’t pay any legal fees unless you win your case. This arrangement allows you to pursue justice without worrying about upfront costs.

Timeline and Expectations: What Happens After Filing a Claim

Once your pedestrian injury claim is filed, it’s important to understand the timeline and what to expect as your case progresses. The process can be lengthy, depending on the complexity of the case and whether the insurance company is willing to offer a fair settlement.

Initial Steps and Negotiation Process

Initially, your attorney will work to gather all necessary evidence and documentation to support your claim. This may include obtaining expert testimony, such as from medical professionals, to substantiate your injuries. Once the evidence is compiled, your attorney will enter into negotiations with the insurance company.

Preparing for Litigation if Necessary

If a fair settlement cannot be reached, your attorney may advise taking the case to court. Litigation can extend the timeline significantly, but it may be necessary to secure the compensation you deserve. Throughout this process, your attorney will keep you informed and advise you on the best course of action.

Settlement vs. Trial

In many cases, pedestrian injury claims are settled out of court. However, it’s essential to be prepared for the possibility of a trial. Your attorney will work diligently to prepare your case for court, ensuring that all aspects are thoroughly covered.

Maintaining Communication with Your Attorney

During this time, it’s important to maintain communication with your attorney and provide any additional information or documentation they may request. Your cooperation will help expedite the process and improve the likelihood of a favorable outcome.

Contact The Epstein Law Firm Today

In conclusion, filing a pedestrian injury claim in New Jersey is a complex process that requires careful attention to detail and a thorough understanding of the law. With the right legal representation from The Epstein Law Firm, P.A., you can navigate this process with confidence, ensuring that your rights are protected and that you receive the compensation you deserve. Whether through negotiation or litigation, The Epstein Law Firm, P.A. is committed to achieving the best possible outcome for your case.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.