Gainesville Pedestrian Accident Injuries

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Pedestrian accidents can have life-altering consequences and leave you with severe injuries, lost pay, and a stack of medical bills. However, when Gainesville pedestrian accident injuries happen because of someone else’s carelessness or negligence, you have the right to seek damages. With the help of a well-versed pedestrian accident attorney to assist you through the complex legal process, our team could ensure you secure the compensation you deserve.

While many cases reach a settlement agreement through insurance companies, you have every right to pursue civil action when insurers do not offer a fair and adequate amount to cover damages and losses. Our diligent attorneys at Smith Hulsey Law are highly experienced in handling claims related to pedestrian accidents and will advocate tirelessly for an injured person to ensure that the compensation awarded is just.

Proving Liability After Pedestrian Accidents

Proving liability after pedestrian accidents is a complex process that involves a thorough investigation. This investigation is crucial to analyze the evidence and determine how and why the accident happened. In some cases, it is clear that a motorist failed to adhere to traffic laws and did not give a pedestrian walking in a crosswalk the right of way.

In other cases, it may be more complex, and it could be wise to work with a skilled lawyer to handle the nuances of a claim to ensure that proper compensation is awarded. A Gainesville attorney knowledgeable about pedestrian accident injuries could help the injured person through the legal process and provide advice and guidance from initiation through the end.

Possible Recoverable Damages

After proving fault successfully, the court may award compensation to cover the following damages and losses:

  • Pain and suffering
  • Emotional distress
  • Physical impairment
  • Permanent disabilities
  • Diminished quality of life
  • Lost pay, benefits, and earning potential
  • Current and future medical care and ongoing treatment
  • Transportation costs for medical appointments, medication, and medical equipment

Every settlement is different, and the amount of damages the court awards depend on case specifics, such as the seriousness of injuries and the defendant’s actions leading up to the accident. A Gainesville lawyer who understands the intricacies of pedestrian accident cases could assist a person injured from negligence in ensuring that all facts of a claim are accounted for.

Time Restriction for Filing a Claim

As a Gainesville attorney could explain, the personal injury statute of limitations restricts the time people have to file a claim for damages for a pedestrian accident-related injury in civil court. According to the Official Code of Georgia § 9-3-33 rules, the petitioner must commence legal action within two years of the pedestrian accident. Usually, missing the deadline means losing eligibility to collect a settlement from the at-fault party.

Georgia statutes follow a modified comparative negligence rule for cases with shared fault. That means that even if the court determines the pedestrian is partly at fault, they can still collect compensation from the defendant if they are less than 50 percent liable. Building a solid case to establish the defendant’s total liability is crucial. If the court determines the injured person is over 50 percent responsible, it will bar them from recovering compensation.

Speak to a Gainesville Attorney About Your Pedestrian Accident Injury Today

Walking can be a great way to get around town, and many people travel on foot for this reason. Unfortunately, accidents can happen between motorists and pedestrians, which could lead to severe injuries. While you can take steps like knowing the laws and remaining alert to keep yourself safe, a careless driver could still cause harm.

When you have sustained harm from a Gainesville pedestrian accident injury, call our skilled lawyers at Smith Hulsey Law for help. We could ensure that the negligent party is held financially responsible. Call our firm today to schedule a consultation meeting to discuss your situation.

Smith Hulsey Law

Smith Hulsey Law