St. Charles Pedestrian Accident Lawyer
According to the National Highway Traffic Safety Administration (NHTSA), almost 6,000 pedestrians are killed in accidents per year, with almost all of the deaths caused in single-vehicle incidents. Since pedestrians lack the physical protections that driver and passengers in vehicles have, an accident can have a negative impact on their health for the rest of their lives.
If you are a pedestrian injured due to a driver’s negligence you may need the help of a St. Charles pedestrian accident lawyer to help your recovery. A skilled injury attorney could take the time to speak with you about your case and help you develop a convincing argument that could potentially render a positive result.
What To Do After a Pedestrian Accident in St. Charles
Being involved in a pedestrian incident can be extremely traumatic. After the accident occurs, you should do the following:
Seek Medical Attention
Immediately after the accident, you should seek medical attention, even if there are no visible injuries present, as they could appear later on. The emergency responders on the scene can provide you with an assessment of your injuries, and they might even be able to identify any signs of injury that could arise in the future. This is extremely helpful when seeking treatment, as it is always better to catch injuries early.
Seeking medical attention from first responders can also strengthen your case, as your St. Charles pedestrian accident lawyer can use this to persuade the insurance company towards a settlement. You will be able to recover the losses for any injuries you’ve incurred as a result of the accident.
Gather Evidence
It is critical to take photos and video evidence of the scene. Furthermore, it is important to get the name of the liable party, their insurance company, and their policy number. This information is critical in your case. This will make it much easier for your attorney to file your claim and provide concrete evidence of what occurred.
Insurance companies understand that they are liable to provide you compensation due to their policy holder’s negligence. However, it is important not to talk to any insurance representation without your attorney, as they will likely provide you with the lowest compensation possible.
If the liable party flees the scene, DO NOT chase them. Chasing them down can be extremely dangerous and put you and others at risk. What you should do instead is report the incident to the authorities and let them investigate the incident.
Should Civil Action Be Taken Against the Liable Party?
It is always recommended to file a civil action against the liable party. This will allow you to receive compensation for your injuries, medical bills, and other damages. According to Missouri Code section 516.120 you have up to five years to file suit against the liable party. However, it is recommended that you file as soon as possible so your attorney has enough time to gather evidence and assemble a compelling case.
Therefore, it’s best to get in touch with your St. Charles pedestrian accident lawyer to get the legal process started, and to have the very best chance of receiving the maximum compensation that you deserve.
What Damages Am I Entitled In My Pedestrian Accident in St. Charles?
There are a couple different types of damages that you could be entitled to in your St. Charles pedestrian accident case. There are two types of damages, economic, which can be easily put into a dollar figure, and non-economic, which are a little more difficult to put a price on, however, both are extremely important aspects in the damages you’ll receive. Let’s check out both the economic and non-economic damages in more detail below.
Economic Damages
- Property damage
- Lost wages
- Diminished earning capacity
- Medical care
- Future medical care
Non-economic Damages
- Emotional distress
- Pain and suffering
- Mental anguish
- Stress and anxiety
As your St. Charles pedestrian accident lawyer, we will ensure that we work on your behalf to award you the damages that you are entitled to as an accident victim.
What Type of Compensation Could a Plaintiff Receive in a Pedestrian Injury Case?
Injured pedestrians can recover damages under the legal theory of negligence, which fall into the categories of economic or non-economic damages. Economic damages are easily identifiable and include past and future medical treatment, lost wages from an inability to work, and damage to personal property. There is no set cap for how much a plaintiff can recover in this category so long as the plaintiff can prove the damages and support the recovery amount with proper evidence, the liable party must pay that amount. However, these accidents are often catastrophic to the injured person and could cause a victim to never be able to work in the same capacity or have the life they enjoyed before.
What do Noneconomic Damages Cover?
On the other hand, noneconomic damages include recovery for things that are not as easily identifiable as economic, but this fact does not bar a plaintiff from seeking them. This includes mental and physical pain and suffering, loss of earning capacity as a result of their injuries, and other losses the plaintiff has incurred/will incur. This category is capped by Missouri law to $420,749 for non-catastrophic injuries and $736,310 for catastrophic injuries. The cap for noneconomic damages seems to be an ever-changing topic in the state legislature, which means that is important all the more important that you seek the help of a personal injury attorney with experience in dealing with pedestrian accident cases in St. Charles.
How Does Comparative Fault Apply to Pedestrian Accident Cases?
St. Charles uses a pure comparative fault system for negligence cases, which means that the plaintiff’s recovery can be reduced by the percentage they were at fault for the accident. For example, if a distracted driver hits a pedestrian who was jaywalking, both parties can be assigned a percentage of fault for the outcome. If the injured pedestrian decides to take legal action against the driver, the court will assign fault percentages to each and reduce any judgments or settlements by that percentage.
Get in Touch with a St. Charles Pedestrian Accident Lawyer
If you are a pedestrian injured due to someone else’s negligence, you are entitled to financial compensation for your losses. Having the experience of a St. Charles pedestrian accident lawyer can make a big difference in both the speed and amount of your recovery, so do not delay in contacting one before filing any suits or accepting any settlements.
St. Charles Pedestrian Accident Lawyer FAQs
We have been handling pedestrian accident cases for many of our clients. Here are some of the common questions we receive from clients about their case.
Why do I need a lawyer for a pedestrian accident case?
A lawyer experienced in pedestrian accidents can help navigate complex legal processes, negotiate with insurance companies, and ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering.
How is liability determined in pedestrian accidents?
Liability is often determined by factors such as traffic laws, witness statements, surveillance footage, and expert analysis. Our experienced lawyers investigate thoroughly to establish fault and build a strong case on your behalf.
What damages can I claim after a pedestrian accident?
Victims of pedestrian accidents may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other related damages. Our legal team works to maximize the compensation you deserve.
Is there a time limit for filing a pedestrian accident claim in St. Charles?
Yes, there is a statute of limitations for filing a pedestrian accident claim in St. Charles. It is crucial to consult with our lawyers promptly to ensure your case is filed within the specified time frame.
How much does it cost to hire a St. Charles Pedestrian Accident Lawyer?
Our law firm operates on a contingency fee basis, meaning you only pay legal fees if we successfully recover compensation for your case. There are no upfront costs, making legal representation accessible to all.
Can I still pursue a claim if I was partially at fault for the accident?
Yes, Missouri follows a comparative fault system, allowing individuals to pursue a claim even if they were partially at fault. However, the compensation may be reduced based on the degree of fault.
What sets your St. Charles Pedestrian Accident Lawyers apart?
Our lawyers have a proven track record of success in handling pedestrian accident cases. We offer personalized attention, extensive legal expertise, and a commitment to achieving the best possible outcome for our clients.
How long does it take to resolve a pedestrian accident case?
The duration of a case varies, but our legal team works diligently to expedite the process while ensuring a comprehensive investigation. Factors like the complexity of the case and negotiations with insurance companies can influence the timeline.
How can I schedule a consultation with a St. Charles Pedestrian Accident Lawyer?
Contact our office to schedule a free consultation. We will assess the details of your case, answer any specific questions you may have, and guide you through the legal options available to you.