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Monterey Pedestrian Accident Lawyers

Pedestrian accidents often result in severe to catastrophic injuries. Some victims ultimately pass away from their injuries. Motorists responsible for injuring or killing pedestrians should be held accountable for their negligence. If you or someone you love sustained injuries in a pedestrian accident, speak with the Monterey pedestrian accident lawyers at Silva Injury Law as soon as possible.

Pedestrian accidents are a growing problem. Unfortunately, California leads the country in pedestrian fatalities. Presenting a pedestrian accident claim can be challenging, which is why you need a legal advocate on your side.

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Why Should You Call a Monterey Pedestrian Accident Attorney?

You are under no legal obligation to hire an attorney following an accident, but it’s a wise decision. The driver’s insurance company does not have your best interests at heart, no matter what they tell you. They will ask you to provide a recorded statement, where the adjuster will look for anything they can use against you during the investigation. When you have a lawyer representing you, your lawyer will handle all communications with the defendant’s insurance company.

At Silva Injury Law, we will thoroughly investigate and preserve all evidence to support your claim for damages. We prioritize building a solid case to help you fight for the maximum compensation possible. We know how to evaluate your case value properly, including damages for future medical expenses, disability, disfigurement, etc. When it’s time to start talking about a settlement, we will negotiate with the defendant’s adjuster. If we are unable to resolve your case through negotiations, we will proceed to file a lawsuit on your behalf.

Who Is at Fault for a Pedestrian Accident?

You might assume that all motorists are 100% at fault in a collision with a pedestrian, but that isn’t always the case. The plaintiff still has the burden of proof in a California personal injury case. California law allows victims to recover compensation for damages, even when they are partially at fault for the accident. This legal theory is called pure comparative negligence. However, a victim’s payment will be reduced by their percentage of fault. For example, a pedestrian who is 10% at fault for the collision would receive 90% of their damages.

Average Settlement for Pedestrian Accidents

Understandably, prospective clients want to know how much money they could receive for their injuries. It’s impossible to share an average settlement for pedestrian accidents because they all differ. Every accident is unique, and different factors determine case value. Some of these factors include the following.

Injury Type and Severity

The type and severity of your injuries play an important role in determining your potential settlement value. The more severe your injuries are, the more your case is likely worth.

Liability

Because California is a comparative negligence state, you could have significantly different settlement amounts with two similar injury cases. If one plaintiff is primarily responsible for the collision, their case won’t be worth as much as someone who was not liable. 

Damages

Your overall damages total also impacts your potential settlement amount. Someone with damages in the six figures will likely receive more than someone who has several thousand dollars in damages.

Available Insurance Coverage

The amount of available insurance coverage also impacts your case. You could have $200,000 in damages, but it won’t matter if the defendant has minimum liability limits. You could try to sue the driver personally, but there is no guarantee they have the assets to pay any judgment.  

Statute of Limitations for Pedestrian Accidents in California

Every state requires you to file a civil lawsuit for damages by a specific deadline. For pedestrian accidents in California, you typically have two years from the date of the accident. If the victim passes away from accident-related injuries, surviving family members have two years from the date of death. However, this two-year deadline is not absolute. There are some exceptions to these dates, which could significantly decrease your filling time. Do not automatically assume the statute of limitations is two years from the date of the accident without first speaking with a Monterey pedestrian injury attorney.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

Contact Our Monterey Pedestrian Accident Attorneys

If a pedestrian accident left you injured, contact Silva Injury Law today. Our legal team has the experience to take your case to trial if necessary. Attorney Michael Joe Silva previously worked as a prosecutor, so he understands what it takes to build a winning case. Dealing with the insurance company is a stressful experience—one you shouldn’t have to endure alone. Please schedule a consultation with our office and learn more about how our Monterey pedestrian accident lawyers can help.

 

Our experienced legal team also handles other types of injury cases, including: