Benefits of Legal Counsel You Can Trust for a Pedestrian Accident Claim
While it’s technically possible for you to pursue compensation for your personal injury on your own, you have a much better chance of reaching the best possible outcome of your case when you have a Las Vegas pedestrian accident attorney representing you. Your attorney can manage all the procedural requirements of your civil claim while you rest and recover with fewer worries. This not only increases your chances of reaching the best possible outcome of your recovery efforts, but also allows you to avoid the stress and expense of handling your case on your own while managing your medical recovery.
The attorneys at Easton & Easton develop individualized and client-focused strategies for all cases our team accepts. We do not believe in one-size-fits-all personal injury representation because we know that every client is different and faces unique concerns when it comes to their recovery efforts. When you choose our firm to represent you, you will have immediate access to a responsive legal advocate who can answer your questions and help you feel more comfortable with the legal issues you are likely to face as your claim proceedings unfold.
Possible Injuries From Pedestrian Accidents
A pedestrian has no protection from the impact force of a vehicle hitting them. Even at low to moderate speeds, the victim can suffer catastrophic injuries from the primary impact of the vehicle and the secondary impact of hitting the ground. Many victims of pedestrian accidents suffer broken bones, internal organ injuries, traumatic brain damage, and more. It’s possible for a pedestrian accident to cause life-threatening injuries that demand immediate medical intervention. However, it is also possible for a victim to seem to have only suffered minor injuries, only to later discover more serious medical complications from the accident.
It’s vital for the victim of any pedestrian accident to receive prompt medical care immediately after their accident. If you or a family member suffered severe injuries, your Las Vegas pedestrian accident attorney could work with your medical care team, gathering any and all documentation required to prove the scope of the injuries you suffered and the long-term medical complications you are likely to face because of the defendant’s actions. In the event that a hit-and-run driver hurt you, or if you do not recall the details of how your accident happened due to your injuries’ severity, your Las Vegas pedestrian accident attorney will be invaluable when it comes to proving liability for the accident and holding the defendant appropriately responsible for the damages they inflicted.
Proving Liability for Your Pedestrian Accident
When you have been injured by a driver’s negligence or misconduct, you must prove they directly caused your claimed damages before you can secure any type of compensation for your losses. Most pedestrian accidents happen because of negligence, and proving negligence entails four important factors:
- The plaintiff must prove the defendant named in their complaint held a duty of care. For example, every driver in Las Vegas has a duty of care to yield the right of way to pedestrians.
- The plaintiff must show evidence that the defendant violated this duty of care in some way. This could be through a specific action or inaction when they could have avoided the accident.
- The plaintiff must provide proof of the damages they suffered, and their attorney can assist in proving the full range of immediate and long-term economic and non-economic losses resulting from the incident in question.
- Finally, the plaintiff must establish causation for their damages, meaning they must prove they directly resulted from the defendant’s breached duty of care and not some other cause. Personal injury laws only allow a plaintiff to seek compensation for the direct effects of a defendant’s negligence or misconduct.
It’s possible for a pedestrian accident to happen due to many forms of negligence, such as distracted driving, speeding, or moving violations. However, it is also possible for these incidents to occur because of intentional misconduct, such as driving under the influence (DUI) of alcohol or illicit drugs. In the case of the latter, the defendant faces criminal prosecution for their actions alongside their civil liability for the damages.
One complication that commonly arises for plaintiffs in pedestrian accident cases is the issue of comparative fault. If a pedestrian jaywalks, crosses the street illegally, or is otherwise negligent in any way that contributes to their accident, this will directly impact their recovery efforts. The state enforces a modified comparative fault rule with a plaintiff liability threshold of 50%. This means that if a plaintiff is found 50% or more responsible for causing their claimed damages in any personal injury case, they lose the right to claim compensation from the defendant. Conversely, when their fault is less than 50%, their fault percentage is deducted from their case award.
Compensation for Your Damages in a Pedestrian Accident Claim
After your Las Vegas pedestrian accident attorney has helped you prove fault for your accident, you must prove the entire range of damages the defendant caused. Pedestrian accidents can easily result in catastrophic injuries that cause permanent disabilities, and many victims of these incidents face extended recovery periods and tremendous financial losses.
Under Nevada’s personal injury laws, a plaintiff in a pedestrian accident case has the right to seek full repayment of all the economic losses they suffered, including property damage, medical expenses, and lost wages. This extends to long-term economic losses, such as the cost of future medical care their injuries will require and compensation for their lost earning power if they can’t return to work because of their injury.
Aside from these economic damages, a plaintiff also has the right to hold a defendant accountable for the pain and suffering they experienced. This may sound too subjective to put into monetary terms, but a seasoned Las Vegas pedestrian accident attorney will help their client determine a suitable amount to reflect the severity of their experience and the long-term effects they face from the incident.
When you choose the attorneys at Easton & Easton as your legal representatives, our goal is to help you maximize your recovery to the fullest extent allowable under the law. Most personal injury claims filed in Las Vegas end in private settlement negotiations as the settlement process allows both the plaintiff and the defendant to avoid the legal expenses and time commitment that litigation typically entails. Our team will help you build a compelling civil suit and assist you in settling the issue as swiftly as possible. However, we are fully prepared to represent you in litigation if necessary. Our team has a solid track record of successful cases, and we always aim for maximum client recovery in every case we accept.
Personal Injury Lawyer FAQs
Q: How Much Compensation Can I Claim for a Pedestrian Accident in Las Vegas?
A: State law allows the victim of any personal injury to seek full repayment of all the economic losses they sustained due to another party’s actions. A Las Vegas pedestrian accident attorney will help their client calculate the scope of immediate economic damages resulting from the pedestrian accident as well as the long-term financial impact of the event. The plaintiff has the right to seek compensation for both immediate and future losses, and state law also allows them to claim pain and suffering compensation. Your attorney can offer an estimate of the compensation you could potentially secure from the defendant who injured you.
Q: How Much Does It Cost to Hire a Las Vegas Pedestrian Personal Injury Attorney?
A: The attorneys at Easton & Easton accept personal injury clients on a contingency fee basis, meaning the client only pays legal fees once we win their case. Our fee is contingent upon our ability to secure compensation for the client, and we only take a percentage of their final case award. Therefore, when you choose our firm to represent your claim, we will not charge any upfront or ongoing legal fees and will only take a fee if we win your case. If we cannot secure compensation on your behalf for any reason, you pay nothing, so there is no risk to you by hiring our team to represent you.
Q: How Long Does It Take to Settle a Pedestrian Injury Claim?
A: If the defendant who injured you accepts responsibility for their actions and you have a legal team helping you navigate your case filing process, it’s possible to resolve your pedestrian accident claim relatively quickly, potentially within a few weeks. However, if your case cannot be settled and you must proceed with litigation, this will take much longer to resolve, and you could face months of courtroom proceedings. Additionally, if you litigate your case, the judge has the final say in terms of your compensation.
Q: Is a Driver Always Responsible for a Pedestrian Accident in Las Vegas?
A: A driver always has a higher duty of care than a pedestrian to prevent pedestrian accidents, but this does not mean that drivers are entirely responsible for these incidents 100% of the time. Comparative fault could come into play if a pedestrian jaywalks or otherwise contributes to causing their accident through intentional misconduct or negligence of any kind. When comparative fault comes into play, the plaintiff’s fault percentage will be the percentage of their final case award they will lose to reflect their shared liability.
Q: Is It Worth Hiring a Las Vegas Pedestrian Accident Attorney?
A: Never make the mistake of assuming that you cannot afford legal representation for a personal injury claim, or that filing your case would cost more than you could recover in compensation. When you choose the attorneys at Easton & Easton as your legal representatives there is no financial risk to you in terms of the cost of our legal counsel, and we have the skill and experience necessary to help our clients maximize their recoveries in the toughest personal injury cases.
The attorneys at Easton & Easton have years of professional experience in personal injury law, and we have assisted many past Las Vegas area clients with their pedestrian accident claims and many other types of cases. We will take time to listen to your story, carefully review the details of your accident, and help you calculate the full range of damages you can seek from the driver who injured you. Contact our team today to schedule a case evaluation with a Las Vegas pedestrian accident attorney you can trust with your recovery.