Your Premier Indiana Personal Injury Trial Attorneys

Your Premier Indiana Personal Injury Trial Attorneys

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Handling accidents as an injured pedestrian

On Behalf of | Aug 27, 2021 | Personal Injury |

While it is possible to handle a pedestrian accident claim personally in Indiana, it is rarely a good decision unless injuries are moderate to minor. All insurance claims agents are trained professionals who can recognize when they have a claimant who is not considering retaining an attorney to represent their injury claim. This is an open opportunity for the agent to make a low offer for an injury claim that could well be worth much more financially, and especially regarding the long-term impact of an injury that may manifest into something worse later in life.

Details are important

The legal concept that pedestrians always have the right-of-way when in transit is not always true, as an injured pedestrian can be assessed for personal contribution to causing any accident producing their injuries. Pedestrian accidents can also include a component of comparative negligence just as in a standard vehicle accident when all material factors are considered by the court, and the actions of the injured party can assuredly impact a claim value.

General damages for ongoing problems

While the primary component of a pedestrian injury claim will be the specific damages for medical bills and lost wages, the real element of the claim that makes the victim financially whole after the fact will be the general damages for pain and suffering. This can be a significant amount for injured pedestrians because they have no protection when being struck by a vehicle. However, insurance company claims adjusters rarely want to include general damages that an Indiana pedestrian accidents attorney will demand.

It is important to remember that the comparative negligence percentage bar for financial recovery in Indiana is 51%, so pedestrians who are even half responsible for their own injuries are still eligible for half of total claimable damages. Never accept the claims of the insurance company when denying a pedestrian injury claim. Always speak with an Indiana injury attorney first.