A pedestrian accident can cause devastating injuries, including:
- Deep cuts and lacerations.
- Spinal cord injuries, many of which result in permanent disability or paralysis.
- Broken bones, including severe fractures that require surgical treatment.
- Traumatic brain injuries, Concussions, brain hemorrhages, and other head injuries can have devastating long-term consequences.
- Injuries from falling, such as internal organ injuries and facial wounds that result in disfigurement.
Pedestrians struck by vehicles can also suffer fatal injuries. If a pedestrian dies from an accident, their loved ones may have grounds to file a wrongful death claim instead of a personal injury claim. While a wrongful death claim will mirror a personal injury claim in many procedural ways, there are some key differences rooted in state laws. California has specific wrongful death statutes that define who may file wrongful death claims and what damages they can claim.
The compensatory damages available in a pedestrian accident lawsuit generally include medical expenses, property damage, and pain and suffering. A Huntington Beach pedestrian accident lawyer will help their client gather the documentation they will require to prove the totality of their compensatory damages and ensure maximum compensation from their claim. However, in some cases, judges will award plaintiffs punitive damages if a defendant’s behavior was grossly negligent, intentionally harmful, or otherwise outside the scope of general negligence. In California, there is no limit to how much a plaintiff may receive in punitive damages.
What to Expect in a Pedestrian Accident Lawsuit
If you are filing a pedestrian accident lawsuit on your own behalf or on behalf of a loved one incapacitated by a pedestrian accident, your Huntington Beach pedestrian accident attorney will help you understand the procedural issues you’re likely to face in your legal proceedings. Your lawsuit begins with the filing of your Complaint with the local courthouse. The court will then serve the defendant named in your claim with a copy of the Complaint. The defendant has 30 days to respond, and in most cases, a personal injury claim will move to settlement negotiation once a defendant has provided an Answer.
Pedestrian accident claims tend to involve significant damages. Settlement is typically the most effective route to compensation for an injured plaintiff. If the parties involved in the claim can come to mutually agreeable terms in settlement negotiation, they can put an end to the matter right there and sign an agreement. The defendant agrees to pay the plaintiff’s damages, and the plaintiff agrees to drop further legal claims against the defendant.
A good Huntington Beach pedestrian accident lawyer will help a client get the best possible deal out of settlement. However, if a defendant is unwilling to compromise or contests their liability, the case may head to litigation when settlement negotiation proves fruitless. A Huntington Beach pedestrian accident attorney will need to consult with expert witnesses and uncover all available physical evidence for a strong showing in court.
When you are facing a pedestrian accident claim, the quality of the Huntington Beach pedestrian accident attorney you hire is one of the most critical factors for success in your case. Your attorney should be thorough in their investigation of your case, responsive in their communications and updates, and comprehensive in their strategy. At Easton & Easton, we understand that a pedestrian accident can leave you and your loved ones devastated while facing substantial economic burdens. Our goal is to help you navigate your personal injury lawsuit as effectively as possible and help you see the process through with greater confidence.
Contact Easton & Easton today and schedule a case review if you are ready to speak with an experienced Huntington Beach pedestrian accident attorney. We will review your situation and let you know what to expect from a pedestrian accident claim.