Irving Pedestrian Accident Lawyer
The ongoing risk of pedestrian accidents has motivated local and state governments to step in and take action. Cities across the United States have proposed and enacted laws aimed at distracted pedestrians as well as distracted drivers to prevent avoidable accidents from happening.
If you or a loved one were injured in a pedestrian accident, you might be considering your options for recovery. But finding the right paths to take and navigating the legal process could be complicated and intimidating without the counsel and support of a seasoned personal injury attorney. An Irving pedestrian accident lawyer could review your case, speak to witnesses, and collect evidence to prove the defendant’s negligence in court.
Insurance Claims and Settlements
Injured pedestrians in Irving have several options to pursue compensation for damages. This includes filing a personal injury lawsuit, filing insurance claims, or settling out of court.
Filing Insurance Claims
In cases where pedestrians are injured by an automobile driver, they could file an insurance claim to recover economic damages. Texas uses fault rules when it comes to auto insurance liability. Fault rules allow injured parties to file an insurance claim with their own insurance company, against the at-fault driver, or to file a personal injury lawsuit.
If a pedestrian decides to file a third-party insurance claim against the at-fault driver’s insurance, they would likely have to deal with an insurance or claims adjuster. Adjusters typically review medical records, property damages, proof of wage loss, and other economic losses that you are seeking against the at-fault driver. An adjuster may stipulate to pay the insurance claim up to the at-fault driver’s policy limits, but they may also dispute the claim, in which case litigation might be necessary.
It is common for personal injury cases to settle outside of court. Settlements could take place with the at-fault driver’s insurance company, prior to filing the lawsuit, prior to trial, or even during the trial. Negotiations may play out differently depending on the timing of the settlement, and the facts of the case. Attorneys usually handle settlement negotiations on behalf of their clients. However, injured individuals have the final say whether to accept a settlement offer.
Seeking Damages for Pedestrian Accident Cases in Irving
If the insurance policy does not cover all of an injured party’s economic losses, or the plaintiff wishes to seek non-economic losses as well, they could file a personal injury action against the defendant.
Statute of Limitations
One of the first hurdles that a pedestrian accident victim in Irving may face is the statute of limitations. States enact time frames, or a statute of limitations, in order to limit a plaintiff’s ability to sue a defendant. Texas Civil Practice & Remedies Code §16.003 sets a two-year statute of limitations for personal injury cases that begins to run from the date of the injury.
Plaintiffs could be pursuing multiple damages depending on the accident. If a plaintiff suffered monetary losses, such as lost wages or medical bills, they could pursue economic damages.
Losses involving emotional distress, pain, and suffering, or loss of enjoyment of life that are related to the injury are known as non-economic damages and may also be sought in court. Property damages, as well as punitive damages, damages imposed by the court to punish the defendant, may also be awarded.
Contact an Irving Pedestrian Accident Attorney Today
The stress and hardship that follows an unprecedented injury could be challenging to manage. Seeking the relief you deserve should not be.
You probably already have your hands full dealing with your physical recovery and financial pressures. An Irving pedestrian accident lawyer might be able to handle your case moving forward. They could handle the pesky paperwork and keep you informed and able to advocate for your rights. Call now, find out what options you might have for recovery today.