Maison Law represents injured pedestrians in California who have received low settlement offers from the insurance company. Many injured pedestrians avoid taking legal action after receiving a low settlement offer because they think they’ll only be adding more stress to their lives. But at Maison Law, we make the process quick and easy. Our firm will manage your medical treatment and negotiate with the insurance company on your behalf to ensure you receive fair compensation for the full extent of your damages.
Don’t leave your life up to chance after a pedestrian accident; contact Maison Law today for a no-cost, no-obligation consultation.
The Advantage of Legal Representation for a Fair Pedestrian Accident Injury Settlement
It is a proven fact that personal injury victims are much more likely to receive a fair payout than those who deal directly with the insurance company without legal representation. Victims with representation have been found to receive twice as much in compensation as those who proceeded with their claim unrepresented, even after attorney’s fees. Legal representation offers several advantages if you’ve been injured in a pedestrian accident. By partnering with a Pedestrian Accident Attorney at Maison Law after being injured in a pedestrian accident, we can:
- Identify All Liable Parties: pedestrian accidents typically involve multiple pedestrians. An accident attorney will investigate all responsible parties and file a personal injury lawsuit against them, maximizing your chance at full financial recovery.
- Manage your claim with the insurance companies: Insurance companies can and will attempt to get injured victims to agree to a “lowball” settlement, or get you to admit fault. Having our attorneys file a lawsuit against the insurance company will let them know you’re aware of your rights and are prepared to exercise them to achieve fair compensation.
- Follow Proper Legal Procedures: Our attorneys understand the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them.
- Prepare for Litigation: Our attorneys will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Allow you to focus on Recovery: Working with one of our attorneys will allow you to recover from your injuries, while we deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Personal Injury Attorneys are here to discuss the details of your incident at no cost to you and evaluate if you have an injury claim and the next steps you should take. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact us today for a no-cost, no-obligation consultation.
How to Maximize Your Pedestrian Accident Settlement
If you’ve suffered injuries in a pedestrian accident, there are certain steps you can take to help you maximize the amount you can recover. Maximizing your settlement is an essential part of recovering from your accident. After an accident, most insurance agencies will try to get you to settle for a much lower amount than your damages are worth. Insurance adjusters do not consider the long-term effects of major injuries and all the aspects of your life they impact. To ensure a fair settlement for your accident, it is recommended to do the following:
- Get examined by a medical professional. Suffering major injuries is not a time to act tough and attempt to “walk it off.” If you are injured, get examined by a doctor. Without a professional diagnosis, the insurance company will have just cause to assume you were never injured.
- Follow your doctor’s orders. By sticking to a treatment plan, you give yourself the best shot at a full medical recovery and show the insurance company how serious your injuries are.
- Keep and organize your receipts. Keep all documentation associated with your injury, especially documentation of your medical treatment.
- Get a quote for your vehicle damage. Reimbursement estimates for vehicle damages will be relatively low unless you provide proper documentation for what your damages are worth.
- Don’t wait to file your lawsuit. Time is limited when making an accident claim. Personal injury claims typically have a statute of limitations of two years from the date of the accident. However, if your accident was with a government entity (emergency vehicle, USPS postal pedestrian), then you will only have 6 months to file your claim.
Insurance Company’s Role in a Pedestrian Accident Injury Settlement
In personal injury matters, you can sue the person who caused your injuries to hold them responsible for your damages. A lawsuit is typically filed with the courts and notifies the at-fault party of the allegations and the damages they are responsible for. The liable party will send the lawsuit to their insurance company and an insurance adjuster will be assigned to investigate the claims within the lawsuit. If the adjuster finds the insured person is liable for causing the claimant’s injuries, the company may make a settlement offer to resolve the lawsuit.
The difference between a claim and a lawsuit is that a lawsuit can go to trial and be decided by a judge or jury. Lawsuits can be directly filed against the insurance company of an at-fault party by alleging bad faith insurance practices. This means the company acted in bad faith and refused to resolve the claim.
Timeline for Receiving Compensation for an Insurance Claim
Insurance companies must conduct an investigation within 15 days of being notified of a claim. Also, insurance companies have 40 days to accept or deny a claim. If your claim is straightforward and liability is not an issue, your claim can be solved in a matter of days. However, if establishing liability is an issue, or if there are significant injuries involved, your claim can take longer. Proving liability takes time, often stretching cases out by many months or years.
To speed up your claim, you can provide the insurance company with irrefutable evidence such as medical records, photos, and witness contact information. Once your claim has been investigated, you’ll most likely receive a settlement offer from the insurance company. This amount typically provides you with the amount necessary to pay for your car repairs and medical treatment after the accident. The majority of these offers, however, are “low-ball” offers. Insurance companies typically offer as little as possible as far as settlements as they’re looking out for their bottom line instead of fully compensating you for your damages.
How Insurance Companies Payout Settlements
If you and your insurance adjuster agree on a settlement amount, your insurance company will require you to sign a release form before your payment can be issued. California Code of Regulations Section 2695.7(h) requires all insurers to issue payment within 30 days of accepting the claim. However, some insurance policies include a waiting period that can extend this duration. A payment from your insurance claim can come in the following forms:
- Direct payment via check or electronic deposit
- Payment to your service providers such as your medical providers or vehicle repair shops
- A payment to your lien holders
If your claim is denied, you can still recover compensation by filing a lawsuit against the insurance company through a personal injury attorney. An attorney will advise you on your legal options and inform you about the damages you are entitled to claim.
How to Determine the Value of a Pedestrian Accident Claim
Before you decide whether or not to settle your personal injury case, it is important to understand how much your personal injury claim is worth. The easiest way to find the value of your claim is to speak with one of our attorneys who can break down the details of your case, and give you an idea of what your case is worth. Once a monetary value is assigned to your claim, we can send a demand letter to the insurance company, requesting compensation for your actual losses, which can include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
These losses will go toward your settlement amount, as well as non-economic damages such as:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
In addition to non-economic losses, plaintiffs are eligible to request more money for their non-economic damages if they:
- Had a long recovery period
- Required invasive medical treatment, or medical treatments that were ongoing
- Were particularly painful injuries
- Had obvious physical signs of the injury like scars, or loss of a limb
- Contained severe injuries that resulted in permanent physical alterations or disability
Contact Maison Law | Pedestrian Accident Lawyers
If you or a loved one has been involved in a pedestrian accident in California, Maison Law is here to get you the compensation you need. Our team of Pedestrian Accident Attorneys will negotiate with the insurance company on your behalf and aggressively pursue fair compensation for your damages. If you’re being “low-balled” by the insurance companies and feel you deserve a better settlement, contact Maison Law today for a free consultation and case evaluation. There are no hidden fees, and you will not be charged a cent until we’ve won your case.
