Pedestrians face significant risks any time they walk through busy metropolitan areas. Beverly Hills is one of the most popular tourist hotspots in California, and thousands of people walk through the area every day. While most are able to navigate busy intersections and reach their destinations safely, some are not, and when drivers hit pedestrians, they can easily cause devastating injuries.
If you or a family member suffered injuries in a pedestrian accident, an experienced attorney could assist you in holding the at-fault driver accountable for their actions. Recovery from a pedestrian accident can be expensive and tremendously painful as these accidents are highly likely to cause catastrophic injuries. If you find yourself in such a situation, an experienced Beverly Hills pedestrian accident attorney is the ideal resource to consult to determine the options available to you for recovering your losses.
Heimanson & Wolf, LLP, has a team of experienced Beverly Hills personal injury attorneys who can provide the comprehensive legal representation you will need to fully recover from a damaging pedestrian accident. Throughout the years of our firm’s representation of Beverly Hills clients, we have successfully secured many substantial case awards and helped them recover more fully than they could have managed alone. There is no substitute for trustworthy legal counsel when you are faced with a complex personal injury case, and we are eager to apply our professional experience to handling your claim.
California operates on the fault principle when it comes to resolving vehicle accidents, meaning an injured party must prove fault for their damages before they can recover compensation. When a motor vehicle driver hits a pedestrian for any reason, they are almost always entirely to blame. However, there are some situations in which pedestrians may share liability for these incidents.
Drivers can cause pedestrian accidents if they commit moving violations, drive recklessly, or drive while distracted. It’s also possible for driving under the influence (DUI) of alcohol or drugs to cause a serious accident. The first challenge you face in a pedestrian accident claim is proving who caused your injuries and how they caused them.
A pedestrian could face partial liability for their accident if they jaywalked or crossed the street outside of the designated crosswalk directly in the path of an oncoming driver. When this applies, the pedestrian shares liability for the resulting damages. However, a driver always has a duty of care to yield the right-of-way to all pedestrians, even when they cross illegally.
A pedestrian’s shared liability may diminish their recovery under the state’s pure comparative negligence law, but it will not entirely negate their right to claim compensation. When a plaintiff shares fault for causing their damages, the judge overseeing their case assigns them a fault percentage to reflect their level of responsibility for causing the incident in question. This percentage is then subtracted from their final case award. For example, a plaintiff bearing 10% fault in a $200,000 claim would lose 10% or $20,000 of the case award.
Your Beverly Hills pedestrian accident attorney can be invaluable for assisting you in collecting whatever evidence you will need to prove liability for your damages. If your pedestrian accident was the result of negligence, you must identify the defendant and prove they violated a duty of care in a manner resulting in your injuries. If you were injured by illegal misconduct, the defendant is likely to face prosecution and criminal penalties alongside your civil claim for damages.
Once you have proven fault for your pedestrian accident, your attorney can help calculate the total damages you can seek from the defendant. Under California’s personal injury laws, the plaintiff is entitled to claim:
Other variables may also influence a plaintiff’s recovery. If they share fault for the accident, this will result in less compensation, but if the defendant caused the accident through any illegal misconduct, the plaintiff might receive punitive damages and/or restitution along with their other compensation.
Ultimately, every plaintiff will face unique challenges as they seek compensation for losses suffered in their pedestrian accidents. When you choose The attorneys at Heimanson & Wolf, LLP, as your legal representatives, we can immediately start gathering the evidence you will need to prove liability for your damages and help determine the optimal path to recovery. Every case is unique, but every plaintiff benefits from having legal counsel they can trust to guide them through their recovery efforts.
The total value of any personal injury claim filed in Beverly Hills depends on the scope and severity of the losses the victim suffered from the incident in question. Under California law, the plaintiff can seek compensation for immediate and future medical expenses, lost income, and lost earning capacity if they cannot go back to work due to their injuries. Additionally, a plaintiff can claim pain and suffering compensation that reflects the severity of their condition after the accident and the trauma of the experience itself.
If you intend to file a personal injury claim for any reason, you must do so within the two-year statute of limitations. This time limit begins on the date your injury occurs, and failure to file your claim within the statute of limitations could mean missing your chance to recover your losses. Two years might seem like enough time, but you significantly increase your chances of winning your case and maximizing your recovery when you start the claim filing process as soon as possible after your injury.
Technically, no, you have the right to file a personal injury claim without hiring legal counsel, but navigating your case on your own while recovering from serious injuries can be tremendously difficult. Additionally, even if you succeed, you may unintentionally accept a much lower settlement than an attorney could have secured for you. Working with experienced legal counsel significantly improves your chance of maximizing your recovery in the shortest time possible.
In the event that a pedestrian accident is fatal, the family of the victim would have grounds to file a wrongful death claim against the driver who caused the death. A wrongful death case shares some procedural similarities with a personal injury claim, but a wrongful death claim seeks compensation for the losses suffered by the victim’s family. State law limits the right to file a wrongful death claim to the victim’s beneficiaries or the personal representative of their estate.
You do not need to worry about legal expenses when you choose Heimanson & Wolf, LLP, to represent your pedestrian accident case. Our firm uses the contingency fee billing model, so our client only pays a fee after we win compensation on their behalf, and the fee paid is a percentage of their final case award. If, for any reason, we are unable to win compensation for the client, the client does not pay anything. This billing arrangement eliminates any financial risk of hiring legal counsel for your impending pedestrian accident claim.
The attorneys at Heimanson & Wolf, LLP, provide compassionate and detail-oriented legal counsel to every client we represent. Our goal in your pedestrian accident case is to ensure accountability for the at-fault driver and help secure the compensation you legally deserve. The sooner you connect with our team, the sooner we can begin guiding you through your recovery process, so contact us today and schedule your consultation with a Beverly Hills pedestrian accident attorney you can trust.