Eldersburg Pedestrian Accident Lawyer
When negligent drivers hit pedestrians, the damage might be disastrous. By filing a lawsuit, you can take the necessary steps to hold an at-fault party accountable and liable for your damages.
The statute of limitations will dictate how long you have to file your lawsuit after a pedestrian accident in Eldersburg. Most likely, that will be three years. The court may dismiss any claim filed late, so initiating your case as soon as possible is important. In your lawsuit, you can request compensation for all financial losses from the accident, like your lost wages and medical expenses. You may also recover compensation for pain and suffering in your case. To increase your chances of winning your claim, report the accident after it happens and build medical evidence by going straight to the hospital.
Call the Eldersburg pedestrian accident lawyers of Rice, Murtha & Psoras at (410) 694-7291 to get help with your case.
How the Statute of Limitations Might Impact Your Eldersburg Pedestrian Accident Claim
Every pedestrian accident lawsuit is bound by the statute of limitations, which is how long victims have to file claims. Missing the deadline to bring your lawsuit could hurt your case past the point of no return.
In general, the accrual date for pedestrian injury lawsuits is the accident date. While victims might be able to push back the accrual date for delayed discovery, that is rare in these types of lawsuits.
The clock will begin to count down the moment your accident occurs. Under Md. Code, Cts. & Jud. Proc. Art., § 5-101, you will have three years from that day to file your claim.
Any attempts to bring a lawsuit outside the allotted timeframe may be futile. Courts typically dismissed late claims, leaving victims without a path to recovery.
Furthermore, although the statute of limitations is the firm legal deadline to bring your case, you should try to file your case sooner than three years from the accident date. Bringing your case years after an accident, even within the window to sue, could raise questions about why you delayed your claim and if you still need compensation. Furthermore, if you also waited to start preparing your lawsuit until long after the accident in Eldersburg, you might have difficulty finding enough evidence to support your recovery.
Possible Damages for Pedestrian Accident Victims in Eldersburg
Generally, victims in Eldersburg can recover damages for financial and emotional damages in pedestrian accident claims. Your exact award will be based on your losses from the accident, so our lawyers will prioritize tracking them throughout your case.
Emotional Damages
According to Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(2), victims can hold negligent drivers accountable for their pain and suffering from an accident and recover up to $935,00 in non-economic damages. Estimating and proving intangible damages may require our pedestrian accident lawyers to employ complex calculation methods, like the per diem and multiplier methods, and source expert statements to support your request.
Medical Damages
Victims can also get damages for any financial losses due to negligence. For example, because pedestrians are at a high risk of serious injury during accidents with motor vehicles, they often incur expensive medical damages. The negligent driver would be liable for these damages, including damages for any long-term medical treatment or accommodations victims might need.
Lost Income Damages
Moreover, since pedestrians might sustain catastrophic injuries, including crushing injuries, head injuries, neck injuries, and fractures, they might be unable to return to work at the same earning capacity, if at all. Our lawyers can calculate your damages due to reduced earning capacity or general lost wages and support your request for these economic damages by providing proof of your employment history or past wages.
What to Do After a Car Hits You as a Pedestrian in Eldersburg
If a negligent driver hits you with their car, call 911 right away. Document the accident to the best of your ability, then focus on receiving the appropriate care for your injuries.
Under Md. Code, Transp. Art. § 20-107, you must report an accident that results in death or injury to the Maryland Motor Vehicle Administration within 15 days unless you have already reported it to the police. This is one reason why calling 911 after an accident is important, another being that calling 911 will let you document that accident took place.
When you talk to police officers, tell them about your injuries and what the driver did to cause them. Ask for the driver’s insurance information, but do not talk to them beyond that. Do your best to photograph the surrounding area, like any signage the negligent driver might have ignored before hitting you, as you might capture useful information for your case.
Once you accomplish these things at the location of the accident, you can go to the hospital. If you are seriously injured and need immediate care from emergency medical professionals at the scene, get it. You should not wait to go to the hospital for hours or days after the incident, as that could hurt your case in the future.
How Victims Win Pedestrian Accident Claims in Eldersburg
Victims can win their claims against at-fault parties when they successfully meet their standard of proof and establish a defendant’s negligent actions directly caused their injuries in Eldersburg.
Through evidence, we will have to prove that the defendant more than likely caused your injuries because of negligence. We will aim to show that they breached the duty of care they owed you as a driver to a pedestrian, such as by speeding, driving under the influence, recklessly merging, making an illegal turn, or engaging in any of the other negligent activities that commonly cause pedestrian accidents in Eldersburg.
The final two steps are to prove that the negligent action caused your injuries and that you incurred real damages. We can do this by presenting your medical records, expert testimony, and proof of your various economic and non-economic damages.
Contact Our Pedestrian Accident Attorneys in Eldersburg Now
Call (410) 694-7291 to discuss your case for free with the pedestrian accident lawyers of Rice, Murtha & Psoras.