Pedestrians injured in an accident may ask, “Do I need a lawyer for a pedestrian accident lawsuit in Illinois?” Hiring a legal representation when pursuing compensation for pedestrian injuries is not a legal requirement. However, the intervention of an experienced lawyer can mean the difference between winning and losing a pedestrian accident lawsuit. A Seasoned pedestrian accident lawyer has the legal knowledge and experience to comply with rules and processes associated with lawsuits.
Your lawyer will ensure you have completed all the required forms and met all the filing deadlines. The lawyer will investigate your accident, determine who to blame, handle correspondence and negotiations with the insurance company, and argue your case in court if a trial becomes necessary. If the judge or jury rules in your favor, your lawyer will discuss the payment terms with the insurance company.
Call Shindler & Shindler Injury Attorneys at 847-933-4448 to request a free consultation if you are looking for a lawyer for your upcoming pedestrian accident lawsuit in Illinois.
Illinois has traffic laws that all road users must observe. The laws commonly used when handling pedestrian accident cases include:
This law requires drivers to yield to pedestrians using crosswalks and other designated areas. It also prohibits drivers from passing vehicles that have stopped to yield to pedestrians. Pedestrians who jaywalk or cross unmarked intersections must yield to the vehicles, as drivers have priority in such situations.
Drivers using crosswalks must observe the set speed limits when using crosswalks and areas with schools nearby.
Chicago alone recorded 37,226 hit-and-run accidents in 2021. These accidents caused 4,807 injuries and 36 fatalities. The law requires a driver to stop immediately after hitting a pedestrian. The driver must provide first aid to the injured pedestrian and request emergency medical assistance in the event of serious injuries. The driver should also stay at the scene until responding police and emergency medical providers arrive.
The driver must cooperate with the police and provide name, contact details, and license and insurance information to the injured pedestrian. Fleeing the accident scene is a criminal offense. A conviction of such an offense can lead to license suspension or revocation, fines, or imprisonment.
Illinois laws prohibit drivers from driving under the influence of alcohol, drugs, and other intoxicating substances.
Do I need a lawyer for a pedestrian accident lawsuit? The involvement of a lawyer for pedestrian injury claims maximizes your chances of winning the lawsuit and getting fair compensation. You should hire a pedestrian accident lawyer for the following reasons:
Pedestrian accident lawyers use their legal knowledge and experience to navigate the pedestrian accident lawsuit process. Your lawyer will help you file all required legal documents within the stipulated deadline.
Your lawyer will help you determine the total value of your claim. Without the involvement of a lawyer, you may be forced to rely on the insurance adjuster’s report. Your lawyer will evaluate the medical expenses incurred and calculate the amount lost if you missed work because of the accident.
Your lawyer will also include your pain and suffering and lost future earning capacity if your injuries prevent you from working. Your lawyer can file a wrongful death lawsuit against the liable motorist if you lost a loved one in a pedestrian accident.
A pedestrian accident lawyer must determine the cause of the accident. He or she should have the resources to hire an accident reconstruction professional if more information is necessary to determine liability.
You may be partially at fault for the accident that caused your injuries. In such a case, the comparative negligence rule will be used to determine your compensation based on your degree of liability for the accident. Your lawyer will reduce your liability percentage as much as possible to increase your recovery. He or she can do that by collecting and presenting compelling evidence that shifts liability to the driver.
Most personal injury cases get settled through negotiations with the at-fault party’s insurer. You will have a better negotiating position with a lawyer. The insurance adjusters may, for instance, undervalue the damages available in a pedestrian accident lawsuit when you don’t have legal representation.
The adjusters will capitalize on your lack of legal knowledge to trick you into accepting a low settlement. A seasoned lawyer knows common strategies insurance companies employ to avoid paying claims or minimize their value. The lawyer will gather strong evidence to prove the full scope of your damages. Your lawyer will also take charge of all communications with the insurer to safeguard your rights and interests.
Litigating a pedestrian accident lawsuit can be challenging to a non-lawyer. You may struggle to comply with court procedures, organize evidence, and present your case to the judge or jury. That’s why you should involve a pedestrian accident lawyer to prevent legal blunders that can jeopardize your case.
Your lawyer will prepare and file the complaint, summons, and other legal documents. The lawyer will ensure the defendant has been served on time. He or she will oversee the discovery process and respond to the interrogatories on your behalf.
Your lawyer will develop a trial strategy, participate in jury selection, and prepare all the witnesses to testify at trial on your behalf. If the judge rules in your favor, your lawyer will negotiate with the defendant on the payment terms and take all the necessary measures if the defendant refuses to pay. The lawyer will handle the appeal process if the court rules in the defendant’s favor, and you have evidence to show that the verdict was unfair.
Finding a good lawyer to protect your rights and maximize the chances of winning a lawsuit is not an easy task. You must do due diligence and vet different lawyers before settling on one you feel is right for your case. Consider the following factors when hiring a lawyer for your pedestrian accident lawsuit.
Experienced lawyers have handled many lawsuits and are well-versed in traffic rules and regulations. They have also worked with numerous insurance companies and have a better understanding of how to maximize compensation for their clients.
Besides experience, you should also consider the practice area of your legal representative. Hire a lawyer who has handled and won pedestrian accident lawsuits. Such a lawyer can easily develop the best legal strategy to win your lawsuit. The lawyer also built meaningful connections with private detectives, medical professionals, and insurance adjusters.
You can gather information about your potential lawyer’s experience and practice area by checking his or her website.
Most pedestrian accident lawyers use contingency fee billing methods. However, some prefer charging flat fees or an hourly rate. So, ask the lawyer about his or her pricing model during the consultation phase. You can then choose a lawyer whose billing method works for your situation.
Don’t forget to ask how additional costs, such as expert witness and court fees, will be handled. Seeking clarification beforehand will prevent disagreements down the road.
Instead of hiring just any lawyer, choose one with a good reputation and reviews. A good lawyer must pay attention to detail, be professional, and answer all the questions coherently. Check reviews and comments left by previous clients on the lawyer’s social media accounts, as well as independent review sites.
Paying attention to the lawyer’s communication skills and resources is important, as this can affect the outcome of your case. Choose a lawyer who pays attention, responds to your questions clearly, and can explain the legal process flawlessly.
Additionally, the lawyer should have enough resources to handle complex pedestrian injury cases. He or she should easily access medical experts, accident reconstruction specialists, and private investigators. Ideally, you should hire a lawyer from a reputable law firm. Established firms have the financial capacity to hire expert witnesses for your case.
Make use of free initial consultations to get to know more about the lawyer and your case. Ask the lawyer about the expected outcomes so that you can determine whether it’s worth pursuing the case or not. A good lawyer should be realistic and transparent about the challenges you might encounter during the lawsuit process.
Do I need a lawyer for a pedestrian accident lawsuit? Get a more comprehensive answer from seasoned pedestrian accident lawyers at Shindler & Shindler Injury Attorneys. Contact us today for a free consultation and case review.
