Our firm has had the privilege of successfully representing several clients with a pedestrian injury in Charlotte, North Carolina. If you were injured as a pedestrian, here are some of the things to keep in mind when deciding how to proceed:
Working With A Personal Injury Lawyer
In most pedestrian injury claims in North Carolina, the insurance company for the driver at fault will make a claim of contributory negligence. That is, if the injured pedestrian was intoxicated, was not walking in a crosswalk, or was even wearing dark clothing, the insurance company will deny the claim based on the theory that you were partly responsible. This is one of the many reasons that without legal representation, a pedestrian injury is very difficult to negotiate in Charlotte, North Carolina.
Additionally, most injuries to pedestrians are serious injuries. This makes it that much more important that you have a good personal injury lawyer working on your behalf. By trying to settle the claim on your own, you may end up forfeiting or ‘signing away’ your rights against the insurance company and the driver, both. You may also run the risk of settling for much less than you deserve.
Underinsured And Uninsured Motorist Coverage
Because pedestrian injuries tend to be serious injuries, quite often you will exhaust the limits of the driver’s insurance policy. In North Carolina, you can gain access to additional insurance policies via the underinsured motorist statute. This opens the door to often doubling your financial recovery, and having a knowledgeable personal injury lawyer investigate this aspect of your claim is extremely important.
If you settle your case without providing proper notice to the additional insurance policies, you may forfeit your ability to recover under them. Additionally, quite often it is only through deposition that your personal injury lawyer can discover what additional insurance policies exist—the driver’s insurance company is under no obligation to provide that information to you if you’re just trying to settle the claim. A deposition, on the other hand, is a form of legal discovery which binds the party to answer honestly regarding insurance and any additional facts surrounding the pedestrian accident.
If the injured party is a minor, quite often the personal injury lawyer will need to petition the court for approval of the settlement. This requirement differs depending upon the insurance company involved, as well as the amount of the settlement. Having a personal injury lawyer tend to this for you is nearly a necessity, vs. attempting to get court approval on your own.
Speak With A Charlotte Personal Injury Lawyer Today
If you or a family member has been injured in a pedestrian accident, please reach out to us for a free phone consultation. Part of our job is to help you understand your options. You can reach us at 704.749.7747 at any time of day, or click HERE to request a phone call. We hope you’ll choose to Recover With Us.