5 Challenges in a Pedestrian Accident Claim

Personal injury

Personal injury

When you are out on the road, you are responsible for your safety and others. Unfortunately, pedestrians are often vulnerable to accidents and in case they are hit by a car or a motorbike, the chances of survival are pretty slim. In case you or your loved one was involved in a pedestrian accident, you can hire a Portland pedestrian injury attorney to represent you in court. It is important to hire a well-established firm to fight your case and take you over the winning line. There are, however, a few challenges when it comes to pedestrian accident claims.

  1. Investigating Case 

A proper investigation will be challenging if you don’t have the right lawyers on your side. A lawyer will travel to the sight of the accident and collect evidence. If a lawyer does not accompany you, the chances are that you will not be given access to the camera footage and police reports.

  1. Calculating Damages 

Calculating the damages is also challenging since injuries cannot be calculated in terms of money or monetary benefits. A lawyer who has worked on similar cases will consult your doctor and come up with the best claims. The defendant should pay for the medical expenses and the financial deficit suffered due to this accident.

  1. Determining Liability 

The liability of a pedestrian accident is based on the duty of care, a breach of the duty of care, and proximate cause. The defendant has the right to defend himself, and there is the possibility that the opposing lawyers will try to put you at fault. Your lawyer will fight in the court on your behalf and get you the best compensation that he can. There can be times when you are actually at fault, but your lawyer will still try his luck and use the available evidence to get you some compensation.

  1. Negotiating Settlement 

This stage is possibly the most challenging. The defendant will always try to get the best lawyer and fight against paying any compensation. Your attorney will submit a demand letter in the court, which will state all your demands in terms of monetary or emotional support. The insurance company at this stage will step in and try to negotiate with you. In case you are not getting the compensation you want, the attorney will step in and try to get the best offer you can get.

  1. Preparing Court Case

The court only believes in the evidence presented and not what is true or false. Many times the party at fault ends up winning the case in court because they are better prepared. This is why you need to have the best attorney on your side so these challenges can be met.

These are just a few challenges that you may face when you take the defendant to court. However, knowing that you will face certain challenges in court, hiring the best attorney is crucial.