Dana Point Pedestrian Accident Attorneys

As a pedestrian, you are incredibly vulnerable on the road. While crosswalks are designed to give you safe passage, all it takes is one distracted driver for your next step to be your last. If you were hurt by a negligent motorist, our Dana Point pedestrian accident attorneys may be able to help you fight for a fair settlement. We have decades of collective experience representing accident victims. As part of your free initial consultation, you will have an opportunity to sit down with one of our lawyers to get answers to your questions and discuss your next moves. Contact us today at 1-800-GO-HARRIS to get started.

Elements of a Strong Pedestrian Accident Case

Before you embark on your journey to obtain compensation for your losses, you’ll want to know that your case has the makings of a successful claim. While there are many factors that can influence how your case unfolds, it’s no secret that strong evidence is one of your most valuable assets. Below are a few elements that could help you prove liability, causation, and damages:

• Expert Witness Testimony: Personal injury cases can be incredibly complex. Not only may there be multiple liable parties involved, but proving your damages can also be more difficult than anticipated. For instance, if you sustained a catastrophic injury such as brain trauma, opposing parties may dispute the severity of your condition, the necessity of procedures you’ve undergone, and whether compensation for pain and suffering is warranted. In such situations, your attorney could consult with various medical specialists who can help determine the value of the damages you sustained and provide testimony regarding the seriousness of your condition. Alternatively, if disputes over causation arise, your lawyer may call on an accident reconstruction expert to investigate the collision to determine how you were injured.

• Police Reports: If police officers responded to the scene, their incident reports could play a pivotal role in helping you secure a financial award. These documents can be helpful because they provide an unbiased third-party account of how the accident happened, who may be liable for the accident, the injuries sustained by the parties involved, and other important details about this event. Not only will the insurance company want to see such reports, but your legal team may also use police findings to map out their own investigation and construct your claim. It might be possible for your attorney to ask the law enforcement officer responsible for compiling the report to testify during trial.

• Evidence from the Scene: Did anyone see the accident take place? Did you take pictures of your injuries and/or property damage immediately after the accident? Were there any surveillance cameras nearby? This evidence can help paint a picture of how the collision occurred, and may help your attorney prove liability and damages. For instance, in a pedestrian accident, your attorney might use pictures of skid marks, signage, and road conditions to demonstrate that the motorist was negligent.

How Much Is My Personal Injury Case Worth?

Damages in a personal injury case are often divided into two distinct categories: compensatory and punitive damages. Compensatory damages cover anything that was “lost” due to the accident, which can include many different types of damages such as the cost of medical treatment, lost wages, and repair bills. Punitive damages might be awarded if it’s determined that the at-fault party’s behavior was egregious or extremely careless. Unlike compensatory damages, punitive damages are introduced with the intention of punishing the defendant to discourage others from engaging in similar behavior. Below are a few losses that your attorney may factor into the potential recovery:

• Lost Wages: You may be entitled to compensation for the accident’s effects on your income including both earnings you’ve lost so far and money you would’ve made in the future had it not been for your injuries.

• Medical Treatment: Typically, a settlement in an auto accident case will include compensation for the cost of medical care associated with treating your injuries. Reimbursement is calculated based on the treatment you’ve received thus far and medical care that, due to the accident, you’re reasonably likely to need in the future.

• Property Loss: If any of your personal property was damaged or destroyed in the accident, you may be able to seek compensation for the fair market value of the property that was lost.

• Emotional Distress: In cases involving catastrophic injuries, emotional distress damages are included to compensate you for the psychological effects of your injuries such as the anxiety, fear, or sleep loss you’ve experienced as a direct result of the accident.

• Pain and Suffering: If you suffered pain or severe discomfort in the aftermath of the accident, you may be entitled to compensation for these damages.

• Loss of Life Enjoyment: When your condition keeps you from enjoying life’s everyday pursuits—from your favorite pastimes to exercising outdoors to spending time with your family—you may be able to seek compensation for “loss of enjoyment of life” damages.

Speak to a Pedestrian Accident Attorney in Dana Point

In the wake of an accident, it’s normal to feel completely overwhelmed. At Harris Personal Injury Lawyers, we are here to help. Call 1-800-GO-HARRIS or complete our Contact Form to schedule an interview with one of our attorneys.