Pedestrians must use caution when walking in busy areas, and it’s also vital for them to use care when walking through residential or rural areas at night or during periods of restricted visibility. In addition, when a motor vehicle driver hits a pedestrian, they can easily cause catastrophic harm, and victims of such incidents need to know their rights and responsibilities when it comes to proving fault for their pedestrian accidents and securing appropriate compensation for their losses.
Helping Injured Pedestrians Recover in Golden
The Law Firm of Jeremy Rosenthal offers experienced and responsive legal counsel to clients in Golden and the surrounding communities. We have years of experience helping our clients navigate their personal injury claims with confidence, often helping them secure better results than initially expected. We’ll take time to listen to your story and help you understand the most important facets of the civil claims process so you can approach your recovery with a peaceful attitude.
Benefits of Hiring a Golden Pedestrian Accident Attorney
It is technically possible to attempt your efforts without hiring legal counsel, but it’s vital to know the value of having experienced counsel on your side as you seek compensation for the losses you suffered. When you have an experienced attorney advising you, you have a much greater chance of securing the compensation you need after a pedestrian accident. In addition, even after you account for the cost of hiring your legal counsel, they can make a tremendous positive impact on the final results you reach and the overall quality of your case award.
Instead of trying to manage your case alone while also struggling with your medical concerns, you can have an experienced Golden pedestrian accident attorney represent you. This lets you focus on recovery while your attorney keeps you informed of your case’s progress. As a result, you are not only more likely to win your personal injury case with an attorney’s assistance but also more likely to maximize the final compensation you obtain.
Proving Fault for a Pedestrian Accident
Before you can proceed with your recovery effort after a pedestrian accident, you must accurately identify who caused the accident and prove the full scope of damages they caused. Pedestrian accidents may occur from acts of negligence like distracted driving or moving violations, but they can also happen because of intentional misconduct like driving under the influence of alcohol or drugs. Your Golden pedestrian accident attorney will be a crucial asset for not only identifying the party who injured you but also for proving their actions were negligent or intentionally harmful.
If you plan to pursue any type of personal injury claim in Golden, you need to understand how the state’s comparative negligence law could come into play in your proceedings. Colorado enforces a 50% modified comparative negligence statute. This means a plaintiff who is partially responsible for causing their claimed damages can still receive partial compensation from a defendant, but only as long as their fault percentage is less than 50%. If so, their fault percentage is deducted from their case award, so being 30% at fault would mean losing 30% of their final award. However, if they reach 50% fault, they lose the right to pursue compensation from the defendant.
Defendants accused of causing pedestrian accidents and other personal injuries often attempt to assert comparative fault to minimize their liabilities. For example, a defendant may claim a pedestrian jaywalked, or stepped in front of their vehicle inappropriately, leaving them little to no time to react and avoid the collision. If you have any worries about bearing partial liability for your recent accident, it is crucial to speak with a Golden pedestrian accident attorney as soon as possible.
Compensation for Pedestrian Accident Damages in Golden, CO
Once you have successfully proven fault for your pedestrian accident and the resulting damages, the next step in your efforts is proving the full extent of the losses you suffered from the incident. Again, an experienced Golden pedestrian accident attorney is the ideal resource in this situation, and they can potentially reveal avenues of recovery you didn’t know were available to you.
Colorado law allows a personal injury plaintiff to seek compensation for economic and non-economic damages caused by a defendant. The former is easier to prove, while the latter is more subjective and limited by state law. Claimable economic damages for most pedestrian accident victims include lost income and medical expenses. The defendant is liable for the cost of any and all medical care they require to reach maximum medical improvement from their injuries. If the accident causes them to miss work, or if they are left unable to return to work at all, the defendant faces liability for their lost wages and their lost future earning power. If the plaintiff lost any personal property in the incident, they could claim repayment for these economic damages as well.
When it comes to non-economic damages, state law allows the plaintiff to seek compensation for pain and suffering in proportion to the severity of their injuries. However, state law puts a limit on this part of their recovery, which can seem unfair when a plaintiff has sustained a life-changing injury from the defendant’s actions. Therefore, if you want the best chance of maximizing the pain and suffering compensation you obtain from your civil suit, it’s essential to hire an experienced Golden pedestrian accident attorney to represent you.
The Law Firm of Jeremy Rosenthal accepts every personal injury claim with the goal of maximizing our client’s final award to the fullest extent possible under state law. We know how to identify all the channels of recovery available to our clients and the key areas of concern they face in proving liability. Whatever your pedestrian accident claim entails, you can rest assured that our firm has the professional resources, skills, and experience to help you reach the best possible outcome.
Personal Injury Lawyers FAQs
Q: What Compensation Can I Claim for a Pedestrian Accident Case?
A: State law permits the victim of any personal injury to seek compensation for their economic damages, which often include medical expenses, lost income, and property damage. They can also claim compensation for anticipated future losses directly resulting from the incident, such as lost future earning potential and ongoing medical expenses for treatment of severe injuries. Plaintiffs may also claim pain and suffering compensation, but Colorado law places restrictions on the amount a plaintiff can claim.
Q: What Happens If a Pedestrian Accident Is Fatal?
A: If you have recently lost a loved one in a fatal pedestrian accident, you would need to start a wrongful death claim against the party who caused the death. A wrongful death claim is procedurally similar to a personal injury claim, but it seeks compensation for the family’s losses rather than compensation for the victim’s damages. Therefore, it’s essential to work with a wrongful death attorney if you must file this kind of claim in Golden.
Q: What Injuries Are Possible From a Pedestrian Accident?
A: Whenever a vehicle driver hits a pedestrian, the victim will suffer injuries from the primary impact of the vehicle and the secondary impact of hitting the ground. Some of the most commonly cited injuries from pedestrian accidents are bone fractures, traumatic brain injuries, and damage to internal organs. In addition, many victims of these incidents face severe immediate and long-term medical complications, and permanent disability is likely after such catastrophic injuries.
Q: What Does It Cost to Hire a Golden Pedestrian Accident Attorney?
A: The Law Firm of Jeremy Rosenthal offers accessible personal injury representation by billing on a contingency arrangement. We do not collect upfront retainer fees, nor do we charge ongoing legal fees during your case. You only pay a legal fee to our firm once we win your case, and your contingency fee is a portion of your final award. You pay nothing if we are unable to secure compensation on your behalf, so there is no financial risk to you by having our firm handle your pedestrian accident case.
Q: Will a Golden Pedestrian Accident Attorney Win a Larger Case Award for Me?
A: The right attorney will be able to accurately identify every available channel of compensation available to you in your pedestrian accident claim. While you might be able to accurately assess your immediately noticed economic damages, such as your medical bills and the wages you lost, an attorney can more easily assess the full scope of long-term costs you can claim to enhance your final award. Additionally, they can help make the strongest possible case for maximum pain and suffering compensation.
The Law Firm of Jeremy Rosenthal aims to help every client recover as much compensation as possible for their injuries. We take time to get to know every client we represent, helping them understand the legal mechanisms in play as they seek compensation through their personal injury actions. If you or a loved one is struggling in the wake of a pedestrian accident someone else caused, we can help. Contact us today to schedule your free consultation with a Golden pedestrian accident attorney.