Stockton Pedestrian Accident Lawyers

California Pedestrian Accident Statistics

Pedestrian accidents, unfortunately, continue to be a problem throughout California today. This is partly due to the significant amount of time many Californians spend outdoors. Many individuals rely upon local public transportation networks for their work commute and frequently walk or run for exercise.

According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), the State of California has had the highest number of pedestrian accident fatalities in the country in recent years. In fact, the Stockton area was deemed the 15th most dangerous city in the country for pedestrians between 2010 and 2019.

The skilled legal team at Silva Injury Law can help if you recently suffered injuries in a Stockton pedestrian accident. We can help you file the necessary claim or lawsuit to recover the monetary damages you need to recover in your case.

What Monetary Damages Can You Recover for Your Pedestrian Accident Injuries?

Pedestrian accident victims who can satisfy the legal elements of their claim can recover various types and amounts of monetary damages. Since every pedestrian accident case is different, the total damages that an accident victim may recover will vary in each case. The primary purpose of monetary damages in a pedestrian accident case is to make the accident victim feel whole again, as much as possible.

First, a pedestrian accident victim can recover monetary damages for all of their related medical expenses, including the costs of doctor appointments, physical therapy sessions, surgical procedures, and other accident-related medical treatment. If a medical provider determines, to a reasonable degree of medical certainty, that the accident victim may need to undergo a medical procedure or other treatment at some time in the future, the accident victim can recover compensation for those anticipated medical costs.

Next, a pedestrian accident victim can recover monetary damages for their lost wages if they have to miss time from work after their accident. Some accident victims can’t go back to work right away due to their pain levels. At other times, accident victims need to take time off work to attend physical therapy sessions and other medical appointments.

To obtain lost wage compensation in a personal injury case, an accident victim must submit documentation from their employer showing the dates that they missed from work, the hours that they missed, and the total amount of monetary compensation that they lost.

In some pedestrian accident cases, accident victims suffer such severe injuries that they cannot return to the same job or career. This is especially common when accident victims have to push and lift heavy objects while they are on the job. If they must take a pay cut when they switch jobs, they may be eligible to make a claim for loss of earning capacity.

In addition to economic damages following a pedestrian accident, accident victims can assert a claim for non-economic damages. The purpose of non-economic damages is to compensate accident victims for the losses they incurred that are intangible—and we can’t measure these in exact dollars and cents.

Some of the most common types of non-economic damages that pedestrian accident victims can recover include monetary compensation for their:

• Past and future pain, suffering, and inconvenience
• Loss of the ability to use a body part, such as with a spinal cord or paralysis injury
• Mental distress and emotional anguish, such as from post-traumatic stress disorder (PTSD)
• Loss of life enjoyment
• Loss of spousal companionship and consortium
• Permanent disfigurement or disability
• Lifetime care costs for residing at an assisted living facility or nursing home on a long-term or permanent basis

In addition to these economic and non-economic damages, injured pedestrian accident victims can make a claim for punitive damages if the at-fault driver behaved in a particularly egregious or reckless manner under the circumstances. For example, if the at-fault driver caused a pedestrian accident while under the influence of drugs or alcohol, the accident victim may be eligible for punitive damages.

While the primary purpose of compensatory damages is to compensate an accident victim for their injuries, the primary purpose of punitive damages is to punish the wrongdoer driver. A secondary objective is to discourage others from behaving recklessly and egregiously under the circumstances.

Who Has the Legal Burden of Proof in a Pedestrian Accident Claim?

In a pedestrian accident claim or lawsuit, as with any personal injury claim, the accident victim has the sole burden of proving four legal elements in their case. First, the accident victim must establish that the at-fault party owed them a legal duty of care. With respect to pedestrians, drivers have a responsibility to drive safely and carefully at all times—especially when driving near traffic intersections and crosswalks.

Next, the accident victim must show that the at-fault party violated this duty of care in some way. For example, the driver might have violated one or more road rules or operated their vehicle while intoxicated, negligently causing the pedestrian accident.

In addition to the duty and breach elements, the accident victim must establish that they suffered at least one physical injury in their accident—and that their injury directly resulted from the pedestrian accident.

Establishing this legal burden of proof can be challenging to accomplish on one’s own. Therefore, the experienced Stockton pedestrian accident lawyer at Silva Injury Law can retain experts to testify in your case.

Those experts may include:

• An accident reconstructionist can speak with eyewitnesses to the pedestrian accident, visit the accident scene, and review police reports, to determine how the incident happened and who caused it.
• A medical expert who can causally relate a pedestrian accident victim’s injuries directly to their accident or establish that one or more of their accident-related injuries are permanent

Our skilled legal team can help you satisfy all of your claim’s legal elements and obtain favorable settlement or litigation compensation on your behalf.

Filing a Lawsuit in the Proper Deadline

Victims of Stockton pedestrian accidents do not have unlimited time to file a claim or lawsuit for their pedestrian accident injuries. Rather, accident victims only have two years from their accident date to file a lawsuit in the court system for monetary damages. Absent some extremely limited exceptions, including a minor’s incapacity, if a pedestrian accident victim files their lawsuit after two years, they waive their right to recover any monetary compensation in their case.

The Stockton pedestrian accident lawyers at Silva Injury Law are aware of the statute of limitations. We will file a lawsuit promptly in your case, thereby protecting your legal right to monetary recovery in your case. We can file a lawsuit in court promptly on your behalf and work diligently to maximize the total financial compensation you recover in your claim or lawsuit.

When do I File a Pedestrian Accident Lawsuit?

A Stockton pedestrian accident lawyer may need to file a lawsuit in three circumstances:

• To prevent the statute of limitations from running out
• When the at-fault party’s insurance company disputes fault for the pedestrian accident
• When the at-fault party’s insurance company refuses to offer your fair monetary damages for your accident-related losses

After filing a lawsuit in your pedestrian accident case, settlement negotiations between your lawyer and the insurance company may continue in your case. In addition, your lawyer can assist you throughout the entire litigation process, including the discovery stage of your case. If your case must go to a civil jury trial or binding arbitration proceeding, our legal team can introduce the appropriate evidence on your behalf to maximize the total monetary compensation you recover.

Talk to a Stockton Pedestrian Accident Lawyer About Your Legal Matter Today

Michael Joe Silva, Pedestrian Accident Attorney

Pedestrian accidents can lead to debilitating injuries, some of which may become permanent. In addition to seeking the prompt medical treatment that you deserve after your accident, you should talk with a pedestrian accident lawyer who can address your legal questions and begin the claims filing or litigation process for you.

At Silva Injury Law, our team can help you maximize your case result by highlighting the strengths of your pedestrian accident claim during settlement negotiations with insurance company adjusters—and during the litigation phase of your case.

If the at-fault party’s insurance company refuses to take your case seriously and compensate you for all of your accident-related losses, we can file a lawsuit in the California Court System on your behalf and ensure that you receive the total monetary compensation you need and deserve for your injuries.

Remember, it is never a good idea to try to negotiate with the insurance company on your own. They will do everything possible to pay you as little as they have to. Claimants without representation regularly walk away with less than they deserve, and our legal team will not allow that to happen. Reach out to a Stockton personal injury lawyer.

For a free case evaluation and legal consultation with a knowledgeable Stockton pedestrian accident attorney, please call us at (209) 600-4389 or contact us online today.

Testimonial

“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”-Vallerie Rosas