What You Should Know About Your Pedestrian Accident Claim

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pedestrian walking down street

If you’re here, chances are you were involved in a motor vehicle accident where you were struck by a motor vehicle as a pedestrian in New York. You’re probably here because you want to know what you should look for in an attorney to represent you. First, you want an attorney who has experience in handling what we call pedestrian knock-down type cases. You want an attorney who knows how to litigate these cases in court. You don’t want your friend of a friend of a friend who refers you to an attorney who does divorce work or estate planning. You want an attorney that handles this type of case. Number one, you want to meet with that attorney. You want to ask questions of that attorney. You want to find out how many types of pedestrian knock-down cases that attorney has had over the years. You want to find out whether or not you feel comfortable with that attorney; that’s very important. I believe that the relationship between the attorney and client is like a marriage, because you’re going to be working together as partners through a process that could take quite a long time. Litigation requires depositions and potentially a trial, and you want to make sure you feel comfortable with that lawyer.

Finally, you want to look at the firm itself. Is it a very large firm? Is it a smaller firm? You want to make sure that you’ll have access to the attorney and not just the paralegals or a legal assistant that may be assigned to your case. You want to know that you have access to that attorney as well.

Pedestrian Accident Statute of Limitations

If you’re here, chances are you were struck by a motor vehicle as a pedestrian in New York. One of the questions that I get is, “How long do I have to file my claim, and who do I file the claim with?” You have three years from the date of the accident to file a lawsuit, otherwise you’re banned and you’ve waived your right and can’t file a lawsuit after that time period. There are exceptions to that. If the accident involves a municipality, it may be a shorter time period; it may be a year and 90 days. There are also deadlines relevant to ensuring that you get your medical bills paid. You have to file what’s called a no fault application with the insurance company, and that has to be done within a 30-day period. There are deadlines that need to be followed. You need to sit down with a competent attorney, one that has personal injury litigation experience, to guide you through the process and to make sure that all of these deadlines are met.

Pedestrian Accident Case Value

If you’re here, chances are you were struck by a motor vehicle as a pedestrian in New York, and you have the same questions that many of my clients have. “What is my case worth? What is the value?” There’s no easy answer to that question. It depends on the extent of your injury. It depends on whether or not your injuries are permanent in nature; that adds value to the case. It also depends on how the accident happened. Was it all the fault of the driver, or is there some culpable conduct on your part? Were you crossing in the middle of the street? Were you crossing within a pedestrian crosswalk with a green light? These are all factors that need to be considered. It doesn’t mean you don’t have a case if you’re walking across the middle of the street, but these are factors that come into play in making a determination as to what your case is worth. I will tell you that our firm will make sure that you get the compensation that you’re entitled to.

Were you or a loved one seriously injured while walking and have questions about what you should know about your pedestrian accident claim? Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.

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