Strategies for Maximizing Compensation in Pedestrian Accidents
Pedestrian accidents are among the most devastating incidents on the road. The vulnerability of pedestrians often leads to severe injuries, long-term disabilities, and, in the worst cases, fatalities. New Mexico has a higher-than-average rate of pedestrian accidents compared to other states. Factors contributing to this include high-speed limits in certain areas, inadequate pedestrian infrastructure, and the prevalence of distracted driving. Being a victim of a pedestrian accident can be emotionally and financially overwhelming. Lost wages and medical bills can quickly accumulate, making it essential to pursue the maximum compensation available. It's crucial to understand the legal strategies that can help maximize compensation.
Seek Immediate Medical Attention
The first and most critical step after a pedestrian accident is to seek medical attention. A thorough medical evaluation is crucial, even if you feel fine or think your injuries are minor. Some injuries do not have immediate symptoms but can have serious long-term consequences. A documented medical evaluation serves as vital evidence in your personal injury claim. Insurance companies and courts use medical records to assess the extent of injuries and determine compensation amounts. Delaying medical care can endanger your health and weaken claims.
Document Everything
Documentation is essential in building a strong case. Start by gathering as much evidence as possible from the scene of the accident. Pictures of the scene, your injuries, and any property damage are valuable evidence. Capture different angles to provide a clear view of the circumstances. Gather contact information and statements from any witnesses who saw the accident. Their testimony can be invaluable in supporting your version of events. Ensure that a police report is filed.
This official document will detail the accident and provide an objective account of what happened. Keep a record of any medical treatments, rehabilitation efforts, and any communication with insurance companies or legal representatives. This documentation will be important when demonstrating the extent of your injuries and their impact on your life.
Understand Comparative Negligence in New Mexico
New Mexico follows a "pure comparative negligence" system, which means that compensation can be reduced by your percentage of fault in the accident. For example, if you were found to be 40% at fault for the accident, your compensation would be reduced by 40%. However, even if you were 99% at fault, you can still recover 1% of the damages. Understanding how comparative negligence works is crucial in maximizing your compensation. The insurance company may try to assign as much blame to you as possible to reduce their liability. An experienced personal injury attorney can help challenge these claims and argue for a fair fault distribution.
Hire an Experienced Personal Injury Attorney
The legal complexities following a pedestrian accident claim can be difficult, especially if dealing with insurance companies who are primarily interested in minimizing payouts. An experienced personal injury attorney can help improve the outcome of your case. An attorney gathers evidence and interviews witnesses.
An attorney negotiates with insurance companies to ensure you receive a fair settlement. Your attorney will take your case to court if a fair settlement cannot be reached. Having a lawyer ready to litigate can also encourage the insurance company to offer a better settlement to avoid a costly trial.
Calculate the Full Extent of Damages
To maximize your compensation, it's essential to accurately calculate the full extent of your damages. Any medical costs related to the accident, including present and future hospital bills, surgeries, physical therapy, and medical devices, should be included. Calculate compensation for lost wages during recovery and future loss of earnings if you cannot return to your previous job. Non-economic damages to be considered include physical pain and emotional distress caused by the accident. Determining these amounts can be challenging, but it is a critical component of your claim. Also, calculate and include the loss of any personal property lost in the accident, such as a phone or clothing.
Be Cautious with Insurance Companies
After a pedestrian accident, you may be contacted by the at-fault party's insurance company. It's important to be cautious when dealing with them. Insurance adjusters might ask you to record a statement or sign documents. Before doing so, consult with your attorney. Providing a statement without legal guidance could result in inadvertently admitting fault or downplaying the severity of your injuries, which could reduce your compensation.
Don't Settle Too Quickly
One of the most common mistakes victims make is settling their claims too quickly. Insurance companies often offer quick settlements to close the case before the full extent of your injuries is known. Accepting a settlement too soon can result in receiving far less compensation than you are entitled to. Before accepting a settlement offer, consult your attorney to ensure that it fully covers your medical expenses, lost wages, and other damages. Your attorney can help negotiate a better offer or advise you to take the case to court if necessary.
Consider Future Needs
When calculating your damages, it's essential to consider your future needs. Some injuries may require long-term care, ongoing rehabilitation, or permanent lifestyle changes. Your compensation should account for these future costs to ensure you are not financially burdened.
Hurt in a Pedestrian Accident? Gauthier & Maier Law Firm, P.C. Is Here to Help You Receive the Compensation You Deserve
Have you or a loved one been hurt in a pedestrian accident? The aftermath can be overwhelming—medical bills, lost wages, and the pain and suffering that follow are just the beginning. You don't have to face it alone. At Gauthier & Maier Law Firm, P.C., we help victims of pedestrian accidents in New Mexico get the justice and compensation they deserve. Contact us today at 505-226-3205 for a consultation.