Pedestrian Accident: Who Covers Medical Expenses?
The aftermath of a pedestrian accident can be a traumatizing and overwhelming experience. Serious pedestrian accident injuries are on the rise throughout the country because drivers are less attentive and more reckless in general. In addition, motorists opt for larger cars, which means more force during the accident, and pedestrians are often struck higher up on their bodies. As a result, the number of pedestrian accident fatalities has risen sharply in the last decade, and those who survive may have severe injuries requiring extended medical treatment.
The medical costs associated with a pedestrian accident injury can be steep. You may have already received extensive medical care and treatment for your injuries, resulting in high costs, and you may need significant care in the future. Medical expenses are just one part of your pedestrian accident claim. The total of all your damages may mean you have a right to significant financial compensation.
Before receiving a settlement offer, you must establish your legal right to financial compensation by showing that someone else was responsible for the accident. When you prove the driver who struck you was negligent, they will assume a legal responsibility to pay you.
The best way to establish fault for the accident and fight for you to get everything you deserve is to hire a pedestrian accident lawyer. They will advocate for the full extent of your damages, including compensation for your medical expenses, lost income, pain and suffering, and other related costs. They will carefully evaluate the details of your case, gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to build a strong argument in your favor.
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You Can File a Claim or Lawsuit Against the Responsible Driver
When you or a loved one has suffered an injury in a pedestrian accident, you will file a claim or lawsuit against the driver who was responsible for what happened. In any pedestrian accident case, the evidence will determine liability. Your goal is to come up with proof that shows the driver was to blame. Then, they will take on a legal obligation to pay for your medical expenses and every other form of damage that they caused you.
The Driver Pays for Your Medical Expenses When They Were Negligent
Liability in a pedestrian accident comes from the legal concept of negligence, where you must show the driver violated the standard of care they owed you. A driver owes a duty of care to everyone else around them on the road, regardless of whether it is another driver, a motorcyclist, a cyclist, or a pedestrian. They must act as a reasonable driver would have under the circumstances. If they failed to uphold their duty of care and caused your injuries, they may be responsible for paying you total compensation.
When you hire a pedestrian accident attorney, they will present evidence that the other driver was to blame for what happened. They have the burden of proof to demonstrate your case by a preponderance of the evidence. Your attorney will show that the facts you allege are more likely than not to have happened and will include this proof with your claim or lawsuit.
Your pedestrian accident attorney may even call witnesses if your case goes to trial as you seek to prove your case. They may also use pictures from the accident scene or video camera footage to show what happened.
The Driver’s Car Insurance Company Will Cover Your Medical Expenses
The driver will owe you money after your lawyer successfully proves your claim. If they followed state law, they have purchased auto insurance coverage. This type of insurance covers damages from all kinds of accidents, including those that involve pedestrians. When an insured driver causes damage in an accident where they are at fault, their insurance company steps into the shoes of the motorist. It will be responsible for paying pedestrian accident damages up to the amount of the policy limit.
The problem is that, given the severity of pedestrian accident damages, your damages can be far greater than the amount of insurance coverage that the driver has. Your best hope is they were prudent and purchased ample insurance coverage to protect themselves from liability. However, auto insurance premiums have skyrocketed in recent years, leading more motorists to economize on how much coverage they have and putting everyone else at risk.
You May File a Claim Against Your Own Car Insurance Policy
Hopefully, you have purchased underinsured motorist coverage. Then, you can file a claim against your own coverage for additional payment of your medical bills. Your insurance company can also pay other damages more than the other driver’s coverage. However, your insurance company can be every bit as difficult to deal with, and you will still need to prove liability in an underinsured motorist claim before you can receive money.
The Insurance Company May Try to Blame the Pedestrian
Insurance companies also know the high stakes in your pedestrian accident case. They understand that they may need to pay you a large amount of money because of the severity of your injuries. Therefore, they may adopt the same stance as in other motor vehicle accident cases: blame the victim for the crash. If insurance companies point the finger at the victim, they can escape liability, either in whole or part.
Your pedestrian accident lawyer may need to defend you from any allegations against you. They can push back in the claims negotiation process when the insurance company tries to assign you some fault. If the insurance company persists in trying to blame you, a pedestrian accident lawyer may file a lawsuit in court, and the jury can determine who was to blame for what happened. Your pedestrian accident lawyer may need to present evidence that clears you from any blame, even though you are the one who is fighting to establish your legal right to compensation.
The Driver May Need to Pay Your Medical Expenses
Suppose you file a lawsuit against the driver, and your damages exceed their insurance coverage. In that case, the driver can be liable for your medical expenses and other damages. Insurance companies like to avoid this scenario because they are liable to their policyholder in a bad faith claim if they had an opportunity to settle your claim and did not.
In addition, it is also challenging to collect a personal injury judgment from an individual because they may not have any assets. Individuals can also declare personal bankruptcy to avoid their obligation to pay you. After the bankruptcy, the responsible driver may have their debt to you discharged completely, and you can receive some of their assets as a creditor.
You Need to Know Your Future Medical Expenses
Medical expenses can be a tricky part of your pedestrian accident claim because of some of the uncertainty involved in your future prognosis. You cannot receive payment for medical expenses as they occur. Instead, you must know now what you may be facing in the future because you have to seek compensation for your injuries all at one time.
It can be challenging to know what the future may hold for you when you may be living with pedestrian accident injuries for the rest of your life. However, you need this level of foresight now, even when you may not know what can happen years from now. That is precisely why you will hire a pedestrian accident attorney to help with your case. They have the experience to evaluate your case and work alongside medical professionals to calculate the potential future medical expenses you may incur. These expenses include the immediate treatment costs and the long-term care and rehabilitation services you may require.
You Should Receive Coverage For Your Past Medical Expenses
In addition, you will need reimbursement for past medical expenses. You may have paid some of these expenses out of your own pocket through your own cost share, even when you have health insurance. If you owe any healthcare providers, they may have medical liens against your settlement, allowing them to get paid before you receive any money. Remember these potential expenses when you are negotiating a settlement. If you do, it may mean you do not have enough money to pay your damages in the future.
A Lawyer Can Help You Learn the Extent of Your Damages
Your pedestrian accident lawyer will work with medical experts to understand the exact nature of your prognosis. They will learn how much medical care you may need in the future and may even work with economic experts to know how much costs may rise due to inflation. The goal is to have a supportable number when you are trying to negotiate compensation with the insurance company.
Insurance companies may take a different view of your medical expenses. They are known for minimizing the severity of your injuries when negotiating a settlement with you. They may have doctors (who have never met you in person, let alone treated you) review your medical records to come up with their own opinion about the severity of your injuries.
You must accurately determine your medical expenses to negotiate a full settlement. Once you accept the insurance company’s money, you will sign a release saying they are no longer liable to pay you for the pedestrian accident. Thus, if you get it wrong now, you will be unable to fix your mistake in the future, and you will find yourself without the money you need because your settlement must cover medical expenses. A lawyer can help you identify and quantify these future costs, ensuring you receive the necessary financial support to meet your medical needs well into the future.
You Need a Pedestrian Accident Lawyer to Help with Your Case
You must hire a pedestrian accident lawyer for your claim or lawsuit. A pedestrian accident attorney will first work to establish liability for the incident itself, fighting back when the insurance company tries to blame you for what happened. They will then work to estimate the value of your claim before they file a lawsuit or a claim. If you choose to negotiate a settlement, your lawyer will handle business on your behalf, rejecting offers that do not fairly pay you and demanding more when you have a right to it. They will be conscious of how much you need to pay your medical expenses, and they will work to ensure that you have enough money to cover things like your lost income and pain and suffering.
Cost Is Not an Issue When Hiring a Pedestrian Accident Lawyer
You do not need to pay a pedestrian accident attorney from your own pocket. Most pedestrian accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This arrangement allows individuals who may not have the resources to pay upfront legal fees to have access to quality legal representation.
By working on a contingency fee basis, pedestrian accident lawyers will work hard to achieve the best possible outcome for your case. They will invest their time, experience, and resources into building a solid case on your behalf. These tasks include gathering evidence, interviewing witnesses, negotiating with insurance companies, and, if necessary, representing you in court. Knowing that your lawyer has a vested interest in your case can provide peace of mind and reassurance during a challenging time.
Another essential aspect to consider is that pedestrian accident lawyers often offer free case evaluations. You can consult with a lawyer to discuss your case’s details, assess its strength, and understand your legal options – all without any financial obligation. This initial consultation allows you to make an informed decision about whether or not to proceed with legal action.
Prioritizing your well-being and rights after a pedestrian accident is essential, and cost should never be a barrier to seeking legal help. Pedestrian accident lawyers are committed to advocating for your best interests and ensuring you receive the compensation you deserve. Do not let financial concerns prevent you from protecting your rights – reach out to a pedestrian accident lawyer today.