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Pedestrian Accident FAQs by: Garrett Law Office What is the first thing I should do when filing a claim for my pedestrian accident injuries? There are a number of things you can do immediately after an accident to protect your right to compensation, such as: -Write down as much information about the accident itself including injuries sustained, medical bills, what happened, lost wages, and any pain and suffering as a result of the accident. -Make notes of conversations that you had with people involved in the accident and with any witnesses. -Preserve as much evidence as possible as to who and what caused the accident and what damage was done by taking photographs and collecting any evidence. -Notify the person(s) you think might be responsible for the accident and tell them about your intention to file a claim for your injuries. -Contact an experienced personal injury attorney to evaluate your claim. When should I file the lawsuit? Every state has certain time limitations referred to as "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In the state of Oklahoma you have 2 years from the date of the injury to file a claim. If you miss the deadline for filing your case, your claims may be dismissed. This being the case it is very important that you speak with a personal injury attorney soon after your injury. What types of damages are recoverable in pedestrian accident case? The victim may recover damages for lost wages, past and future medical expenses, and pain and suffering. If the defendant's conduct is severe, punitive damages may also be awarded. If the pedestrian dies, the survivors are entitled to recover full compensation for their economic losses that result from the pedestrian's death and other compensation that falls under wrongful death claims. What duty do I have to avoid accidents? Every pedestrian has the duty to obey all traffic laws and observe traffic conditions. In general, pedestrians should not begin or continue walking across a street if they are aware of the approach of a vehicle. What if I was partially at fault for the accident? You may bear some responsibility for the accident, which could reduce your damages. For example, if you were 40 percent at fault, your recovery may be reduced by 40 percent. Should I retain an attorney? In most cases it is always a good idea to retain a personal injury attorney in a pedestrian accident claim because there will typically be some questions related to comparative negligence and fault. Expert witnesses may also need to be retained to reconstruct the accident and help determine responsibility. What should I bring to my meeting with a lawyer? You should provide an attorney with any documents that might be relevant to your case such as police reports, medical bills and reports, information about the insurer of the person who caused your injury, and any pictures of the accident scene, damaged property, and your injuries. The more information you are able to give your attorney, the easier it will be for him or her to determine if your claim will be successful. However, if you have not collected any documents at the time of your first meeting, do not worry as your attorney will be able to obtain them during the investigation of your claim. About the author: The Oklahoma personal injury attorneys at Garrett Law Office are experienced at aggressively fighting for the victims of injury and loss in Oklahoma and getting them the compensation they deserve. Please contact us at Garrett Law Office, P.C. Source: GoArticles.com |
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