As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
Pedestrian accidents are some of the most devastating of all personal injury incidents. Unfortunately, they are commonplace in areas like Stockton with a lot of traffic. If a negligent driver hits you or a loved one, know that you don’t have to go it alone. At Silva Injury Law, we have years of experience representing victims of pedestrian accidents. Contact us today to set up a free consultation with our Stockton pedestrian accident lawyers and discuss your case.
Don`t settle for less than you deserve.
With great weather and numerous recreational opportunities, it’s no surprise that many people in California spend a lot of time outdoors. Many people like to walk for exercise or use public transportation to get to work. But this also means that pedestrian accidents are incredibly common throughout the state.
According to the National Highway Traffic Safety Administration (NHTSA), California had the highest number of pedestrian fatalities in the country in 2019, accounting for more than 15% of all deaths reported nationally. The state has several hotbeds of pedestrian accidents, including the Stockton area, which ranks as the 15th most dangerous city for pedestrians in the United States based on the number of pedestrian deaths between 2010 and 2019.
One of the first things that claimants ask at the beginning of the process is how their potential settlement compares to the average. But knowing the average settlement is of little use to an individual. First, while several sources publish averages for pedestrian accident settlements, they are somewhat inaccurate. The main reason for this is that averages don’t usually include confidential settlement amounts. By skipping over these cases, the final average is skewed. Second, you shouldn’t trust averages because they don’t take the unique aspects of your case into account. For example, if you have a disabling injury that causes lifelong issues, an average is unlikely to represent the true value of your claim.
So, how do you find out your potential settlement? Ultimately, consulting an attorney is the best way to find the most accurate estimate for your claim. A personal injury attorney has the experience necessary to account for all the different factors surrounding your case, including the extent of your injuries, your future damages, and your overall quality of life.
Losses and damages in a pedestrian accident come in many forms. While they might all seem similar in the beginning, damages typically fall into one of two categories. The first, known as economic damages, is the foundation of most claims. This category includes the tangible financial losses associated with the accident, such as:
Something to keep in mind is that these losses aren’t limited to the past. In fact, you may pursue future damages you incur due to your injury. For example, if you have an injury that requires several surgical procedures throughout your life, you may include the cost of those procedures in your claim.
The other category of damages, called non-economic damages, also plays an important role in many claims. This category covers the physical and emotional losses of the victim, which tend to be more subjective. Non-economic damages include things like:
Since these losses don’t have a dollar value, they aren’t that easy to determine. Usually, Stockton pedestrian accident lawyers come up with a custom formula for every case. This is because these losses affect everyone differently and change drastically from claim to claim. Despite the differences, these formulas typically adopt some form of the multiplication method, in which the attorney multiplies the total economic damages by a certain number.
Proving negligence in a pedestrian accident might seem simple at first. If you have injuries and witnesses, that should be case closed, right? However, it’s not that simple. To prove negligence, California law requires the claimant to show four different elements:
Showing all of these elements is crucial to any pedestrian accident claim. Without them, the insurance company will likely deny your claim. This is why it’s important to seek medical attention as soon as possible after the accident and collect sufficient evidence to show that you have suffered damages. And an experienced Stockton pedestrian injury attorney can help you establish that a driver’s breach of the duty owed to you caused your injuries.
Every state has time limits for filing lawsuits, and California is no exception. In California, the statute of limitations for pedestrian accidents is two years from the date of injury. If you try filing after this time limit expires, the court will likely dismiss your case. While there are a few exceptions to this rule, such as if the defendant leaves the state, we recommend building your claim as soon as possible. This helps ensure you have enough time to file if a settlement isn’t reached.
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.
- Abraham Lincoln
With so many attorneys out there, it’s sometimes difficult to find the right one for your claim. However, at Silva Injury Law, we treat our clients as if they are our own family. From day one, we compassionately advocate for a solution that enables a full recovery. This means collecting evidence, contacting witnesses, negotiating with the insurance company, and finding you great medical care. We also work on contingency, meaning you owe us nothing unless we win your case.
To speak to one of our Stockton pedestrian accident lawyers about your claim, contact us for a free consultation. We proudly serve individuals and families throughout Stockton and surrounding California communities.