A pedestrian accident leaves you injured. At this point, you are unsure of what to do. Partner with a pedestrian accident lawyer in Schaumburg. This gives you access to an attorney who will hold the party liable for your accident and injuries accountable for your losses.
Therman Law has obtained over $100 million in compensation for pedestrian crash victims and others. Trust a Schaumburg personal injury lawyer from our team to handle your legal matters while you recover from your pedestrian accident. Schedule a free case evaluation with us.
Why You Should Get Legal Help Within Days of a Pedestrian Accident
Getting hurt in a parking lot pedestrian accident or a similar incident can feel like the end of the world. Thankfully, you do not have to face the aftermath of your accident alone. A pedestrian accident attorney in Schaumburg serves as your legal advocate and representative. They help you get money for your accident losses.
Your lawyer may look at traffic camera footage of your accident, interview witnesses, and conduct other research to learn about the incident. From here, they can discuss your legal options with you. It is possible to secure compensation through an insurance claim. Alternatively, your attorney may advise you to proceed with a personal injury lawsuit.
The team at Therman Law has received many positive client testimonials due in part to our work in pedestrian crash cases. We have over 35 years of combined experience, utilizing our expertise to help our clients achieve outstanding case results. Request a free case evaluation with us.
When to Submit a Pedestrian Accident Claim in Schaumburg
The Illinois Compiled Statutes (ILCS) define the time frame in which you are allowed to file a pedestrian accident claim. Per 735 ILCS 5/13-202, you may have two years from the date you suffer an injury to seek compensation from them. Beyond this period, you are responsible for your injury losses.
Your Schaumburg pedestrian accident lawyer files your claim in accordance with Illinois law. They may obtain compensation for you through an insurance claim. Yet, an at-fault party’s insurer can dispute your claim or offer a lowball settlement.
Ideally, your settlement negotiations go well, and you get a fair offer quickly. If this does not happen, your attorney will get your case ready for trial. They can calculate your economic and non-economic damages and explain to the judge or jury why these are warranted.
How Much Money You Can Get in a Pedestrian Crash Lawsuit
What you receive in damages depends on how badly you were hurt and other factors. Your personal injury attorney considers your quantifiable and subjective losses. They can help you recover damages for many reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
Accident scene photos and videos, a police report, witness statements, and other evidence can validate your lawsuit. The evidence your attorney presents can compel a judge or jury to rule in your favor. Or it can prompt a liable party to propose a reasonable settlement prior to your trial date.
How to Show That a Liable Party Acted Negligently
A motorist can crash their car into you as you are walking or jogging in Schaumburg. Following the incident, you may have grounds for a lawsuit against this driver. With help from an attorney, you can prove that this individual was negligent and should be held accountable for your losses.
Your lawyer wants a judge or jury to see that a liable party violated a duty of care. For example, in your case, a motorist may have been speeding or driving while distracted. As such, the driver was careless or reckless behind the wheel. Meanwhile, your lawyer can share evidence that provides the court with insights into the driver’s actions and how these put you in danger.
Along with these things, your attorney wants the court to understand that the at-fault party caused your accident and that you are dealing with damages due to their actions. If your lawyer succeeds, a judge or jury may find that you are in no way to blame for your accident.
The Potential Impact of Modified Comparative Negligence in a Pedestrian Crash Case
Illinois has a modified comparative negligence rule to consider relative to your case. This rule states that you can be partly liable for a pedestrian accident and still recover damages. However, if you are more to blame than anyone else, you may not be compensated for your losses.
With modified comparative negligence, you can get damages if you are 1-50% liable for a pedestrian crash. In this situation, a judge or jury may reduce your damages by your percentage of liability. Thus, you may have to cover some of your accident losses if you are partly to blame for the incident.
Modified comparative negligence also bars a judge or jury from awarding damages to you if you are primarily liable for your pedestrian crash. Therefore, if the court says you are more than 50% to blame for your pedestrian accident, you are responsible for your losses.
What to Do After a Fatal Pedestrian Accident
Sadly, a family member is involved in a fatal pedestrian accident. You and your loved ones are devastated by your loss. As you cope with your loss, requesting damages from the party responsible for your loved one’s tragic accident may not be a consideration.
Ultimately, it can be beneficial to you and your loved ones to file a wrongful death claim after a fatal pedestrian crash. This claim allows you to pursue justice and damages. Throughout the claims process, you can have an attorney on your side who assists you every step of the way.
Your wrongful death lawyer wants you and your family to support and care for one another during this difficult time. They can negotiate a settlement on your behalf and keep you updated about all communications they have with a liable party and their insurance company. If your attorney gets a settlement offer, you can review it with them and decide what to do with it.
Receive Strong Advocacy During Settlement Negotiations or Litigation from a Schaumburg Pedestrian Accident Lawyer
Therman Law puts our clients’ needs front and center. Have a Schaumburg pedestrian accident attorney from our team examine your case.
We can help you decide if now is the right time to submit an insurance claim or personal injury lawsuit. Contact us today.