Pedestrian Accident, When Should You File a Claim

Pedestrian accidents can happen to anyone at any time. They can leave you with severe injuries and significant losses. You can file a claim after a pedestrian accident to recover compensation for damages. 

Filing a claim at the right time can ensure you receive the justice you deserve. However, failure to do so can have serious consequences. For example, if you were injured as a pedestrian in Manhattan, you must file a case within three years. If the deadline passes, you may lose your right to recover compensation. 

Read on to learn when to file a claim if you are the victim of a pedestrian accident.

Act Quickly to Get the Compensation You Deserve

You should file a claim if you've suffered any injury due to a pedestrian accident, even if you don’t reside in Manhattan. Do so as soon as possible to protect your right to financial recovery.

After an accident, you may not think that you have serious injuries. However, injuries like whiplash and brain trauma can manifest later. Thus, seeking medical attention is important after leaving the accident scene. A doctor can evaluate you for injuries and provide the treatment you need.

A doctor will also include your injuries in a medical report. After receiving treatment, you can contact a pedestrian accidents lawyer to start the compensation process. They will help you gather necessary evidence, such as medical records, accident reports, and witness statements, to build a strong case.

Consider the Statute of Limitations

The statute of limitations outlines the time you have to bring a suit against a defendant. The limitations period is typically determined by state law and varies across states. 

The statute of limitations helps ensure that you file a suit within a reasonable amount of time. It also helps ensure that evidence isn’t lost or compromised due to a lapse in time.

The clock for the statute of limitations begins to run on the date of the pedestrian accident. However, the case may be different for minors. 

Once the statute of limitations expires, you’ll likely be unable to sue the defendant. That will jeopardize your ability to recover compensation for your losses. So, ensure you file a case as soon as possible before the limitations period expires. That way, you’ll safeguard your right to financial recovery. 

Benefits of Filing a Claim on Time

Filing a pedestrian accident claim on time helps with preserving evidence. Proof related to the accident scene will still be available soon after the accident. However, as more time passes, some pieces of evidence may disappear. When you file a claim on time, a lawyer can start investigating your case and collect evidence. 

Filing a claim on time also prevents any delays in the claim process. Delays can lead to a longer wait time for a settlement. A longer wait time can be detrimental if you face high medical bills. 

Filing a claim on time can ensure you hold negligent parties liable for their actions. Negligent parties may include:

• The driver who hit you

• A government entity responsible for maintaining the road 

• The manufacturer of a faulty car part

Recoverable Damages After Filing a Pedestrian Accident Claim

You can recover various damages when you file a pedestrian accident claim. One is past and future medical expenses. These expenses include hospital bills, ambulance fees, medication costs, and physical therapy.

You may also recover lost wages if you can't work due to your injuries. A pedestrian accident is likely to lead to property damage. Thus, you may recover the cost of repairing or replacing items damaged in the accident. 

Other losses are more subjective, including:

• Pain and suffering

• Loss of enjoyment of life

• Loss of consortium

• Emotional distress

Wrap Up

Filing a claim after a pedestrian accident is essential as it helps you get compensation. Knowing when to file a claim is equally important. With that information, you can protect your right to financial recovery. 

Generally, the best time to file a claim is as soon as possible after the accident. Taking the right steps now can help you get the compensation you need to move forward.