Texas Transportation Code outlines some of the rights that pedestrians have in certain situations. If your rights as a pedestrian were violated and you suffered injuries as a result, Loncar Lyon Jenkins can provide legal aid. We understand how detrimental a pedestrian accident can be–and we are ready to serve you.
Through a successful claim or lawsuit, you could recoup compensation for various losses, including healthcare expenses and loss of consortium. You can connect with our team today at no cost to learn more.
You Can Recover Economic and Non-Economic Losses
You have two years from the date of your pedestrian accident or loved one’s passing to file a lawsuit, per Texas Civil Practice and Remedies Code § 16.003. While this deadline could be different based on your circumstances, for the most part, failure to act within this period could bar you from recovering damages.
By seeking prompt legal help, you could secure compensation for the following:
- Pain and suffering, which pays for the physical and emotional turmoil of your injuries
- Lost income, if your injuries caused you to lose income, job opportunities, and bonuses
- Loss of future earning capacity, if your injuries will prevent you from working in your current professional
- Healthcare expenses, which account for your injury-related medical treatments
- Disability, if your condition will permanently alter your quality of life
- Funeral expenses, if you lost a loved one
- Loss of consortium, if you lost your spouse
Different damages could be available based on the facts of your case.
We Will Guide Your Pedestrian Accident Case to Completion
When you partner with a pedestrian accident lawyer from Wichita Falls, they are your legal advocate. They will handle everything involved with your case from the moment it begins to the moment it ends. They will also do all of this at no out-of-pocket cost to you, since they work on a contingency-fee basis.
Once Loncar Lyon Jenkins takes on your case, we will:
Gather Evidence to Prove Your Case
We have to prove that you were injured due to another party’s negligence for your case to be successful. Some information that we can use to build your case includes:
- The police report
- Photos of your injuries during your recovery period
- Traffic camera footage
- Eyewitness testimony
- Third-party witness testimony
- Receipts relating to the cost of your damages
Notify the Insurance Company and File Your Claim
Texas is a fault state, meaning that if you were hurt in an accident, you would file a claim with the at-fault party’s insurer. Using the evidence we find, we will file your claim on the basis that the other party acted negligently and you deserve compensation.
When dealing with the insurance company, we will:
- Review the liable policy
- Present the evidence from our investigation
- Handle all communications
- Identify and protect you against bad faith insurance practices
- Include the cost of your damages in your demand letter
How long you have to file your claim will depend on the liable party’s insurance carrier. We want to notify them as soon as possible to protect your right to compensation. We do not want to give them any reason to discredit or deny your claim.
Negotiate a Settlement
Your case will likely be resolved once it reaches this stage, according to the American Bar Association (ABA). To reach an agreement, we will undertake many of the tasks we listed above. If we cannot get the money you are owed, we will take the case to court.
Litigate Your Personal Injury Case
The driver who hit you may face criminal charges. However, this does not prevent you from seeking compensation in civil court. If anything, a conviction would benefit your case since it would prove that the other driver acted negligently.
To resolve your lawsuit, we will:
- Call on experts to testify on your behalf
- Cross-examine the other party’s witnesses
- Communicate with all involved parties (include the other legal team)
- Exchange evidence
- Advise you on what to say if you take the stand
- Demonstrate the accident’s impact on your life
We will also continue negotiating with the insurer out of court. If they agree to our terms, we can drop the lawsuit and accept money via a settlement. If not, however, the outcome of your case will be at the discretion of a judge or jury.
Things You Should Know About the Legal Process
We understand that right now, you may be unfamiliar with the claims process. We want to address some concerns that you may have before we meet so that you can understand your options.
Here are some things to keep in mind once your case evolves:
You do not Have to Accept an Offer from the Insurance Company
When the insurance company presents an offer, you do not have to accept it. We can keep negotiating until we reach an agreement. By accepting any money from the insurer, your case ends. This means:
- If you incur additional expenses, the insurer will not have to pay for them.
- You will be unable to sue the other party, since your case is settled.
- You may have to pay for those losses out of your own savings.
Your pedestrian accident lawyer from our office in Wichita Falls will explain whether a settlement offer is fair or not. If not, we can keep negotiating or go to court.
Staying Off Social Media Could Work to Your Advantage
You might want to document your accident and injuries on social media. However, this could work against you because:
- The insurer can view your postings.
- The insurer could argue that you are not as injured as you claim.
- The insurer could use anything they find (like statuses and shared posts) to discredit your claim.
Even if your accounts are private, insurance adjusters have a way of getting around this. Limit what you say on social media. Do not put anything in writing that you would not want to be shown at the negotiating table or in court.
Keep Everything Related to Your Injuries and Expenses
You should keep records of the following to help the claims process move forward:
- Your medical bills
- Employment records and pay stubs (if you get these)
- The dates of your follow-up appointments
- The names of your healthcare providers
- Journal entries from your recovery period
All of this information can be used to prove various details of your situation.
Call in Loncar Lyon Jenkins’ Strong Arm
Our team of pedestrian accident lawyers serving Wichita Falls is ready to help you. To begin a free case review with our firm, dial (877) 239-4878.