Savannah Pedestrian Accident Lawyer

Savannah Pedestrian Accident Attorney

Pedestrian accidents are dangerous, and victims often suffer serious injuries as a result. According to the law, these people are able to seek restitution for the costs they’ve suffered as a result of their injuries.

However, it’s likely that those seeking compensation will be met with some level of resistance. Savannah pedestrian accident lawyers, like the experienced team at Merritt & Merritt Law Firm, can be critical in helping victims get what they’re owed.

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How a Savannah Pedestrian Accident Lawyer Can Help You

For those injured in a pedestrian accident, the right attorney can use their knowledge, skills, and experience to help their clients get fair compensation. We can investigate the accident carefully to understand all potentially liable parties involved. We also gather evidence that can be useful in proving that liability, should it be necessary.

The next major phase of the process involves attempting to negotiate a settlement that is agreeable to both sides. In many cases, there are significant advantages to settling the claim out of court, such as the certainty that a settlement can provide compensation or be able to avoid a lengthy court process. We represent our clients in these negotiations and push for the strongest offer that we can.

Often, there is an insurance company on the other side of these negotiations, and they may take the situation a little more seriously when they realize that they are dealing with a lawyer who is prepared to go to court if needed.

Should a fair agreement not be reached, we are prepared to take the path of litigation instead. We can use the evidence that we’ve gathered to demonstrate the liability of the defendant and why you deserve the compensation that you’re seeking.

Proving Liability in a Pedestrian Accident Claim

The key to being able to collect restitution in a pedestrian accident is demonstrating that the other party is liable for the accident and the injuries sustained as a result. In most accidents, this is likely to be the driver of the vehicle, although there are others who could be liable, such as a driver’s employer or the government in charge of the roads. The liable party will be anyone who can be proven to have acted negligently in a way that led directly to the accident.

Proving negligence requires demonstrating a few different elements:

Duty of Care

In the situation where the accident occurred, the defendant needs to have had a duty of care, meaning a responsibility to consider the impact that their actions may have on others. In any car accident, including a pedestrian accident, it’s generally understood that there is a responsibility to be careful not to put others at risk, given the inherent dangers that motor vehicles pose.

Breach of Duty

A breach of duty means that the defendant failed to meet the duty of care that they had in a given situation. A breach can take many different forms when motor vehicles are involved, depending on who the defendant is.

In situations where a driver is at fault, there is often a failure to follow traffic laws or safely operate a vehicle. If the government is at fault, it could be a failure to maintain functional roads or traffic lights. Your lawyer must prove both what actions the defendant took and why those actions constituted a breach of duty.

Cause of Injury

Lastly, the breach on the part of the defendant will need to be the direct cause of the injuries that you suffered. In a pedestrian accident, this means showing that the breach was the direct cause of the accident, and then that the accident was the direct cause of your injuries. When this is proven, it establishes fault on the part of the defendant.

The Restitution That You May Seek After a Pedestrian Accident

If a defendant has been shown to be negligent, then they are responsible for providing compensation for those costs that were sustained as a result of their negligence. However, this requires proving a connection between the injuries and the costs.

This could be challenged either in negotiations or a trial, so it’s important to have proper documentation proving the connection, such as bills and doctor’s notes. Compensation is typically paid in two forms of damages:

Economic Damages

For those costs with a direct financial element, there are economic damages. This includes costs like medical bills and lost wages from injuries that are serious enough to miss work. These damages also cover costs that will extend beyond the settlement or trial, so if an injury requires ongoing medical care, those future medical expenses are covered. Additionally, if you are prevented from returning to work at the same level, lost earning capacity is also addressed.

Non-Economic Damages

When a loss lacks a clear financial component, it is compensated through non-economic damages. This largely consists of psychological or emotional costs, such as mental anguish or pain and suffering. While the money may not have a direct impact on the issue, it may have an indirect benefit and serves as a recognition of the injustice of what you’ve had to endure.

We Fight for What Pedestrian Accident Victims Deserve

Victims of car accidents are often faced with significant costs and a difficult path back to some sense of normal life. These victims have suffered an injustice and deserve restitution, both for what they have already dealt with and all that they potentially face moving forward.

The ability to file a civil personal injury claim is a crucial means of getting these victims fair compensation. Even if the issue never makes it to court, the possibility of that outcome can encourage greater cooperation in negotiations.

At Merritt & Merritt Law Firm, we help victims of pedestrian accidents seek restitution for their injuries. We firmly negotiate on behalf of our clients and believe that a settlement should only happen when it’s fair to the injured. If that can’t be agreed upon, though, we are ready to make our client’s strongest case in court. Contact us today if you’ve been injured in a pedestrian accident and are seeking fair compensation.