The last thing you expect when walking down the street is to suffer a serious injury. Unfortunately, pedestrian accidents are far more common than most people realize. If you suffered a severe injury in a pedestrian accident due to another party’s negligence or intentional actions, you could be entitled to claim damages.
The Georgetown personal injury attorneys at McCoy & Hiestand have been helping victims recover the compensation they need and deserve for years. We are dedicated to providing our clients with top-tier legal representation so that they can get back on their feet. Reach out to us today by giving us a call or completing the contact form on this site to get a free consultation.
Who Is Liable After a Pedestrian Accident?
In Kentucky, if you are a pedestrian hit by a vehicle, you can make a claim against the vehicle that hit you, regardless of fault, for your first $10,000 in medical bills or up to $200 per week in wage loss under their PIP insurance. You may also have a claim for the remainder of your bills, past and future pain and suffering, past and future wage loss, or even wrongful death.
You may have to file a lawsuit against the liable party to recover the full value of your claim. Injuries that qualify as significant include:
- Broken bones
- Permanent disfigurement
- Permanent injury
- Any other injury that resulted in $1,000 or more in medical expenses
The bad news is that determining who is truly to blame for your accident can be incredibly challenging. Even when liability seems clear, you will likely find that there are a variety of parties who could potentially hold a level of fault for your accident.
Sorting everything out can be challenging. Fortunately, you don’t have to attempt to prove who is responsible on your own. When you hire an experienced pedestrian accident attorney in Georgetown, they will investigate your case with a focus on establishing liability.
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Damages You May Be Able to Claim After a Pedestrian Accident
After suffering a severe injury in a pedestrian accident, you will likely be eligible to pursue a wide range of damages. All compensatory damages you can claim are divided into the categories of economic and non-economic damages.
Economic damages account for any losses resulting from the accident that impacted you monetarily. The most commonly available economic damages following a pedestrian accident are:
- Medical costs
- Future medical expenses
- Property damage
- Lost income
- Lost earning power
Non-economic damages are all the other losses you suffered because of your accident. The most commonly available economic damages following a pedestrian accident are:
- Emotional distress
- Permanent disability
- Scarring or other disfigurements
- Mental anguish
- Loss of consortium
- Decreased quality of life
- Pain and suffering
In certain cases where a pedestrian accident resulted from criminal negligence or a deliberate act carried out with the intention of causing harm, you may also be able to claim punitive damages. A judge will award these damages as a way of punishing the at-fault party for their actions.
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Be Cautious When Dealing With an Insurance Company
Insurance providers go to great lengths to avoid paying out the full value of a claim. Rather than protecting accident victims, these companies care far more about protecting their money. You must use caution when dealing with an insurance adjuster to avoid playing into their hands and devaluing your claim.
You can expect an insurer to use a variety of tricks in an attempt to deny or devalue your claim. Unfortunately, because most people are not aware of all the ins and outs of the insurance industry, it is easy to fall victim to these predatory tactics.
The best way to protect yourself is by declining to speak with the insurer until you have hired an attorney. Hiring an experienced pedestrian accident lawyer in Georgetown will level the playing field. Your attorney will be well aware of the laws and how the insurers attempt to manipulate things to suit their needs. This knowledge will help them counter any dirty tricks.
Be Careful to File Your Lawsuit on Time
If you are injured in a pedestrian accident in Kentucky, the standard deadline for filing a lawsuit is one year from the date of the accident. Missing this deadline will likely result in the loss of your right to pursue compensation from the at-fault party.
Of course, there are a variety of exceptions to the personal injury statute of limitations that could permit you to file a lawsuit long after the usual deadline has passed. At the same time, there are also exceptions that further restrict the amount of time you have to file.
The best way to discover if any exceptions apply to your case is by hiring an experienced pedestrian accident lawyer in Georgetown. Your attorney will be able to identify the deadline that applies to you and ensure that all paperwork is filed on time.
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Pedestrian Accident Lawsuits Are Commonly Resolved Through Settlement
In most cases, pedestrian accident lawsuits end with a settlement deal. The reason for this is that it is typically in the best interest of all involved parties. A settlement can greatly reduce the amount of time it takes to resolve a case and allows both sides to avoid the uncertainty of a trial.
Although your case will likely conclude with a settlement agreement, it is still important that you are prepared to go to trial. You may find yourself in a situation where the other party is unwilling to agree to a fair deal. In this case, going to court will be the only option for recovering the compensation you deserve.
Get a Free Consultation With a Georgetown Pedestrian Accident Attorney
When you hire an experienced lawyer, you will be giving yourself the best chance of recovering the financial compensation you need after an accident. At McCoy & Hiestand, our team of Georgetown pedestrian accident attorneys has a long history of securing significant money in damages for our clients.
Contact us to schedule a free consultation today by giving us a call or completing our online contact form.
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