Virginia has been recognized as one of the top cities with the worst drivers for years. Unsurprisingly, our state has high auto accident injury and fatality rates, even with the regulations in place to protect motorists and pedestrians. If you are a victim who was hurt by a negligent Charlottesville motorist, the Pendleton Law Team may be able to help you seek compensation.
In Charlottesville, VA, our pedestrian accident lawyers continue to deliver a broad range of legal support from evidence collection to trial preparation and everything in between. We are truly here to serve you with the best legal advice for your case to be successful.
Learn how we can protect your pedestrian rights and pursue a fair settlement offer to cover the complete cost of your pedestrian accident damages.
A Pedestrian Victim’s Roadmap to Filing a Personal Injury Claim
We all have an obligatory duty of care to promote safety, whether we are walking, riding, or driving. When someone breaches that duty, which leads to harm, the victim can file a personal injury claim in the state where the accident occurred.
From that point, the defendant will be given a chance to defend themselves against the injury claim. An investigation will be performed to assign fault, and the responsible party will be ordered to pay the victim’s damages. The work required in this legal process can be handled best by a pedestrian accident lawyer serving Charlottesville who knows how to handle the insurance company.
Additional elements that require focus include:
Virginia’s Personal Injury Claim Deadline
The statute of limitations establishes the window of opportunity for a victim to bring a claim or legal action. These timeframes change depending on the incident’s category and each state’s laws.
You normally have two years from the collision date to initiate a pedestrian accident case. This is true for both filing a personal injury claim and a lawsuit in accordance with Virginia Law § 8.01-243.
You often will not be able to take legal action for a pedestrian accident if you do not file a claim or lawsuit within two years of the event. Between the time of your accident and the actual filing of your lawsuit, a lot of work must be done. To ensure that your Charlottesville injury claim is filed on time, connect with a reputable pedestrian accident attorney.
Virginia’s Shared Liability Regulation
Only a few jurisdictions, including Virginia, adhere to the “contributory negligence” standard of law when it comes to personal injury claims. This means that even though the other party was mostly to blame for the accident, the injured party may not be entitled to any compensation if it is determined that they contributed in any way to the mishap.
Your capacity to receive compensation in Virginia may be significantly impacted by your level of contributory negligence. However, contributory negligence is not always straightforward and can depend on how the judge or jury interprets the evidence. A knowledgeable personal injury attorney near Charlottesville can assist with your case’s investigation and refute any claims of shared fault.
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How Long Does it Take to Resolve a Pedestrian Accident Claim?
Several variables affect how long a pedestrian accident claim takes to be resolved. Depending on various factors, every situation can differ significantly. Accidents involving pedestrians can take longer simply because there is more to look into because the victims frequently sustain severe, life-threatening injuries.
A shorter settlement is not always preferable, despite the fact that waiting longer for your case to be resolved might be irritating. It can imply that you’re not receiving the full amount of compensation you are due. It is preferable to speak with a pedestrian accident attorney as soon as possible, who can provide you with advice on how your Charlottesville case should develop.
Some important elements that affect how long a lawsuit may take to resolve include:
- Choosing a pedestrian accident attorney: Finding the best attorney for your case may take some time. But, once the insurance companies see that you’re committed to working with a lawyer to obtain appropriate compensation, they might make a greater settlement offer to resolve the situation fast and prevent drawn-out court battles.
- Determining liability: You should do the same thing the insurance company will do to determine who is to blame for the accident. Your attorney can strive to gather enough proof to refute their claim if they want to claim that you were entirely or partially at fault. The length of the investigation may delay the settlement of your claim.
- Your medical care schedule: Before you can accurately estimate the extent of your impairments, it is best to complete medical therapy as completely as possible. This is due to the fact that the majority of your claim, particularly in cases of serious accidents, will be made up of medical losses.
- The negotiation process: Insurance companies frequently miss the mark on their initial offer. You might not yet be aware of what a good offer is or the exact amount of your total damages. Once the offer is presented, your attorney can bargain for the compensation you are due. Again, finding a solution that is acceptable to all parties can take some time.
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How Likely is a Court Case if a Pedestrian Accident Occurs?
The majority of personal injury cases never even need to appear in court. After the victim files an insurance claim, 90% of injury cases are settled during negotiation. There are always exceptions, though.
Understanding what can cause a pedestrian accident case to proceed to court is crucial. The most important considerations are the severity of your injuries, the potential parties at fault, and whether the insurance provider contests a settlement amount that fairly accounts for the scope of your damages and injuries.
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Make a Claim for a Pedestrian-Car Accident in Charlottesville, VA
Contact the Pendleton Law Team today if you are ready to file an injury claim and collect compensatory damages after your pedestrian-car accident in Charlottesville. Lawyers from our firm are waiting to assist you during a free consultation. For your convenience, we provide remote sessions if you are unable to meet in person.
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