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How Much Time Do I Have to File a Lawsuit After Being Hit at a Crosswalk in Los Angeles and Suffering a Broken Leg?

This legal question related to Pedestrian accident attorney in Los AngelesCalifornia has been answered.

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Location: Los Angeles  |  Law type: Pedestrian accident attorney
Solved

It's been a harrowing experience. I was crossing at a designated crosswalk in Central Los Angeles when a speeding car hit me. Ended up with a broken leg and a ton of medical bills. The driver was caught and admitted his fault but his insurance is dragging their feet about the compensation. I've been advised by friends to consider legal action, but I'm not sure about the timeline or processes.

  • What is the statute of limitations for pedestrian accidents in Los Angeles?
  • How can I gather evidence to make my claim stronger?
  • Are there specific laws in LA that protect pedestrian rights against negligent drivers?
  • How does compensation calculation work for such accidents?
  • Would engaging a pedestrian accident attorney speed up the compensation process from the insurance?

Commonly posted questions...

Photo with muted colors of a bustling Downtown Los Angeles intersection during daytime. A car has abruptly stopped in the middle of a crosswalk, and a pedestrian with visible injuries is being aided by bystanders. A dropped phone can be seen inside the car, hinting at the driver's distraction. Nearby, a concerned witness is talking to a police officer, possibly providing evidence of the driver texting. The setting underlines the perils of distracted driving in a busy urban environment and the potential need How to Pursue Compensation After Being Struck by a Distracted Driver in Downtown Los Angeles?
11 months 2 weeks ago, Pedestrian accident attorney, Los Angeles
Photo of a typical crosswalk in San Bernardino, with its characteristic streets and surroundings. The scene captures the aftermath of a pedestrian accident: a shoe, a dropped phone, and a pedestrian crossing sign slightly tilted, suggesting the impact. In the foreground, an individual with visible bandages and crutches is discussing the incident with a Pedestrian Accident Attorney. The attorney is attentively listening while holding a folder labeled 'Crosswalk Claims' and 'Insurance Disputes'. The ambiance Why Did My Insurance in San Bernardino Refuse to Cover My Medical Bills After an Accident at a Crosswalk?
11 months 3 weeks ago, Pedestrian accident attorney, California

Legal Solution

The response provided below is specific to Pedestrian accident attorney in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Statute of Limitations and Relevant Laws

Los Angeles, much like the rest of California, has a specific timeframe during which a personal injury lawsuit, such as one stemming from a pedestrian accident, must be filed. Understanding these timelines and the associated laws is vital to ensuring your rights are protected.

Relevant Statutes and Online Resources:

  • California Civil Code Section 335.1: Governs the statute of limitations for personal injuries, which is typically two years from the date of the injury.
  • California Department of Transportation: The homepage provides general information on state transportation regulations and can be a starting point for more specific resources.

Potential Solutions for Your Situation

The first step after any accident is to seek immediate medical attention, even if injuries seem minor. After ensuring your health, it becomes imperative to gather evidence, such as photos of the accident scene, witness testimonies, and police reports. Contacting and hiring a knowledgeable pedestrian accident attorney can be advantageous, as they can help navigate the legalities, handle insurance companies, and ensure fair compensation. You might want to compare lawyers in your area to find the right fit for your needs.

Price Variations for Legal Assistance in Los Angeles

Service Average Price in Los Angeles Difference from National Average (%)
Consultation with Personal Injury Lawyer $250 +10%
Full representation (per hour) $350 +15%
Out-of-court settlement $5000 +5%
Court representation (per day) $1500 +8%

Note: Los Angeles tends to have slightly higher legal fees due to the higher cost of living and demand for specialized lawyers in the region.

Complexities in Pedestrian Accident Cases

Pedestrian accidents can be complicated due to several factors:

  1. Differing Narratives: Both parties may have contrasting accounts of the event, requiring rigorous evidence gathering.

  2. Severity of Injuries: Unlike vehicle occupants, pedestrians lack protective barriers, often leading to severe injuries and higher medical bills.

  3. Insurance Companies: They might attempt to minimize their liability, complicating compensation claims.

Case Study 1: Jane, a resident of Los Angeles, was hit while using a crosswalk. Although the driver admitted fault, his insurance company offered a compensation amount much lower than Jane's medical bills. She hired a pedestrian accident attorney, who gathered evidence, including security footage from a nearby store, to strengthen her case. The case was settled out of court for an amount that covered her medical bills, lost wages, and pain and suffering.

Case Study 2: Mike was hit in a parking lot. The driver fled the scene. With the help of witnesses and a personal injury lawyer, they were able to identify the driver. Mike received compensation not only for his injuries but also punitive damages due to the hit and run.

Case Study 3: Sarah was hit at an intersection. The driver claimed Sarah was at fault as she wasn't using a crosswalk. However, with the help of a knowledgeable attorney and evidence from traffic cameras, it was proved that the driver was speeding, leading to a favorable settlement for Sarah.

Essential Questions for You to Answer

  • Were there any eyewitnesses, and did you gather their contact information?
  • Did you seek immediate medical attention, and do you have all the medical records associated with the injuries?
  • Have you already had any communication or settlement offers from the insurance company?

Frequently Asked Questions

Q1: What if the driver who hit me does not have insurance?

In such cases, you can make a claim under your own insurance policy if you have uninsured or underinsured motorist coverage. A pedestrian accident attorney can guide you through this process.

Q2: Can I still get compensation if I was partially at fault?

California follows the rule of "comparative negligence". This means even if you were partially at fault, you could still recover damages. However, your compensation might be reduced by the percentage of your fault.

Q3: What kind of damages can I recover?

Damages can include medical bills, lost wages, property damage, pain and suffering, and sometimes punitive damages, especially in cases of gross negligence.

Q4: How long does the process usually take?

The duration varies. Simple cases can be settled within a few months, while complex ones can take years. It often depends on the willingness of the insurance company to settle and the amount of evidence available.

Q5: Do I really need a lawyer?

While not mandatory, having a lawyer can increase the chances of receiving fair compensation. They understand the intricacies of the law and can negotiate with insurance companies effectively.

Remember, understanding your rights and being proactive can significantly impact the outcome of your case.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How Much Time Do I Have to File a Lawsuit After Being Hit at a Crosswalk in Los Angeles and Suffering a Broken Leg?" has been changed 11 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Los Angeles & area of law: Pedestrian accident attorney.
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Photo of a dimly lit Central Los Angeles street scene during twilight. A marked crosswalk is visible with a pair of crutches lying on the ground, hinting at a recent accident. In the foreground, a desk is set up with legal documents, a folder labeled 'Pedestrian Accident', and photographs of the accident site. A distressed individual, with a visible leg cast, is seen talking on the phone, possibly discussing the incident with a legal expert. The ambiance combines the aftermath of the accident with the urgen
Photo of a dimly lit Central Los Angeles street scene during twilight. A marked crosswalk is visible with a pair of crutches lying on the ground, hinting at a recent accident. In the foreground, a desk is set up with legal documents, a folder labeled 'Pedestrian Accident', and photographs of the accident site. A distressed individual, with a visible leg cast, is seen talking on the phone, possibly discussing the incident with a legal expert. The ambiance combines the aftermath of the accident with the urgen...

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