Clayton Pedestrian Accident Lawyer
Suffering from a pedestrian accident injury could be a crushing blow physically, mentally, and financially. The medical treatments and rehabilitation process could be grueling, and seeking legal recovery might be an afterthought in comparison. A Clayton pedestrian accident lawyer might be able to lessen the load. A determined injury attorney could guide you through the process of seeking relief and help support your recovery efforts along the way. To get started, be sure to schedule a consultation today.
Recoverable Damages in a Pedestrian Accident Case
Plaintiffs seeking personal injury damages may recover the following types of damages:
- Economic
- Noneconomic
- Property
- Punitive
Economic damages might include medical bills and lost wages incurred by the injury. Meanwhile, noneconomic damages are less quantifiable and cover losses such as pain and suffering, and emotional distress suffered by the plaintiff. Personal property damages could be pursued, as well as punitive damages. However, punitive damages are rarely awarded in negligence cases and are only imposed by the court to punish the defendant for intentional or otherwise wrongful conduct that rises above ordinary negligence.
What is the Role of Comparative Fault in Pedestrian Injury Cases?
One of the main causes of pedestrian injuries is motor vehicle accidents. Pedestrian accidents caused by motor vehicles could result in extensive injuries and damages. Car insurance does cover damages for medical bills, property damages, and other costs incurred by injured pedestrians in Clayton. States follow either no-fault or fault-based car insurance systems, with some limited exceptions that fall in between.
Missouri follows a fault system and affords those injured in an auto accident to pursue three options for recovery. Under the first option, injured parties may file a claim with their own insurance carrier and if covered, receive benefits up to their policy limits. Under option two, they could file a third-party claim against the at-fault driver’s insurance company to receive damages. Or three, injured claimants could file a personal injury lawsuit against the at-fault driver. In no-fault states, injured parties must meet a threshold injury or economic threshold in order to bring a lawsuit, in fault states like Missouri, there is no threshold required to file suit.
What are the Statute of Limitations in Clayton?
The first thing that a pedestrian accident victim in Clayton should be aware of is the statute of limitations. A statute of limitations is a time limit given to plaintiffs to bring their cause of action. Failure to timely file the case within the statute of limitations would result in losing the right to bring a suit based on that cause of action. Missouri Revised Statutes §516.120 gives plaintiffs five years to file their personal injury case. For help with filing a claim in a timely manner, it is recommended to victims to retain the services of a Clayton pedestrian accident lawyer.
Contact a Clayton Pedestrian Accident Attorney Today
There are challenging obstacles that lie ahead, even after suffering from an injury. Insurance companies and opposing lawyer are resourceful, and they will give their best efforts to keep you from receiving the just compensation you might deserve. An experienced Clayton pedestrian accident lawyer could help you fight for your rights to recovery. To discover your legal options, schedule a consultation by calling today.