If you have been injured in a pedestrian accident, you can request compensation from any liable parties. Review your legal options with a pedestrian accident lawyer in Arlington Heights. From here, your attorney can help you decide whether to proceed with an insurance claim or a personal injury lawsuit.
With more than 75 years of combined experience on staff, Therman Law knows how to tackle legal challenges in pedestrian accident cases.
Give us the opportunity to help you get money from anyone at fault for your pedestrian accident. To get started, speak with an Arlington Heights personal injury lawyer from our team.
How a Pedestrian Accident Lawyer Can Help You with Your Case
Your pedestrian accident attorney in Arlington Heights can provide you with legal FAQs and resources. They want you to understand how an insurance claim or personal injury lawsuit works. If you know what to expect during your case proceedings, you are well-positioned to make informed legal decisions at each stage.
A pedestrian accident case can be resolved via settlement. Your personal injury attorney can negotiate a settlement with the at-fault party’s insurance company.
If you get a settlement offer, you can assess the proposal with your lawyer. You make the final decision on this offer. If the proposal is less than what you want, your lawyer may advise you to go to trial.
Therman Law has obtained over $100 million in compensation for our clients. On top of that, our clients have provided us with dozens of positive testimonials.
If you want legal guidance and support in the aftermath of your pedestrian accident, we are here for you. For more information, schedule a free case consultation with us.
How Much Time Do You Have to File a Pedestrian Accident Claim in Arlington Heights?
In terms of the time frame for submitting your claim, you are limited by the Illinois Compiled Statutes (ILCS). Based on 735 ILCS 5/13-202, the statute of limitations for most pedestrian accident claims is two years.
This window may not be extended. If you wait too long to take legal action against anyone at fault for your pedestrian accident, you may be held accountable for all of your losses from the incident.
Your Arlington Heights pedestrian accident lawyer can guide you through the claims process. They can discuss how insurance companies may devalue your claim and what it will take for you to receive fair compensation for your accident losses.
Settlement negotiations with an insurance company may last a long time. Unfortunately, these negotiations may wind up going nowhere.
Thankfully, your attorney remains on your side throughout the claims process. If warranted, you and your lawyer can present your case in court and let a judge or jury decide whether to award damages.
What to Expect If You File a Pedestrian Accident Lawsuit
Suing a motorist or someone else for compensatory damages can be incredibly difficult. If you make a mistake during your litigation, you could hurt your chances of getting money for your pedestrian accident losses.
Your lawyer is familiar with common personal injury cases and how to get compensation from anyone liable for your pedestrian accident. They may collect witness statements, a police report, accident scene photos, and other evidence to strengthen your case. Your attorney’s body of evidence can make it tough for the defendant to dispute their argument.
The defendant may try to poke holes in your pedestrian accident case. Regardless, your lawyer is vigilant in their efforts to disprove the defendant’s argument. If your attorney makes a compelling argument, you may receive damages for your quantifiable and subjective losses.
Compensation Available to You in a Pedestrian Accident Case
Ultimately, you know you might have a personal injury case if you have incurred losses due to someone else’s actions. Your attorney will look carefully at the facts of your pedestrian accident.
They want to find out if you are dealing with economic and non–economic damages. Depending on the circumstances of your case, your lawyer may encourage you to ask for these damages:
- Pain and suffering
- Loss of income
- Loss of enjoyment of life
- Medical bills
If you think the court will automatically order the defendant to compensate you for these and other damages, think again. It is your responsibility to prove negligence.
Your lawyer can prepare an argument designed to show a judge or jury that the defendant was negligent and that you are in no way to blame for your pedestrian accident.
How to Prove Someone Was Negligent and Is Responsible for Your Pedestrian Accident
You may say that someone was negligent and caused your pedestrian accident. Yet, the court may not agree with you unless you provide an abundance of proof.
In addition to sharing evidence with a judge or jury, your attorney may argue that the following elements of negligence were present when your pedestrian accident occurred:
- Duty of Care: In your case, the defendant has a legal obligation to follow a standard of care around you and others.
- Breach of Duty of Care: The defendant violates their duty of care when they commit an act of carelessness or recklessness.
- Causation: The defendant’s breach of their duty of care leads to your pedestrian accident.
- Damages: You face losses because the defendant breached their duty of care and caused your accident.
Based on 735 ILCS 5/2-1116, modified comparative negligence applies to pedestrian accident cases. If you are 1–50% at fault for your pedestrian accident, what you receive in damages can be reduced by your percentage of fault.
Or, in a situation where you are more to blame for your pedestrian accident than anyone else, you may be ineligible for damages.
Trust Us to Develop a Legal Strategy Specifically for Your Pedestrian Accident Case
At Therman Law, we want you to make a full recovery from your pedestrian accident. As you care for your injuries and focus on yourself, we can help you get money from anyone liable for your accident and all associated losses.
To learn more, request a free case consultation with an Arlington Heights pedestrian accident attorney from our team.
