What mistakes spoil a pedestrian accident claim in Rolling Hills Estates?
Ignoring medical advice or talking to the other driver's insurance adjuster before speaking with your own lawyer often damages a pedestrian accident claim in Rolling Hills Estates. The moments right after a collision are confusing, but what you say and do can affect your ability to recover compensation for your injuries.
Even a seemingly minor statement can be used against you later to minimize your injuries or shift blame. Adjusters are trained to gather information that benefits their company, not you.
What does a pedestrian accident claim involve?
A pedestrian accident claim covers injuries and losses when a person on foot is hit by a vehicle. These claims seek to recover compensation for damages like medical bills, lost wages, and pain and suffering. Pedestrians often suffer severe injuries because they lack the protection of a vehicle.
California law applies pure comparative negligence, meaning you can still recover even if you were partly at fault, though your compensation will be reduced by your percentage of responsibility. For example, if you were found 10% at fault, your damages would be reduced by 10%. Claims also consider who was responsible for the collision, which might be a driver, a public entity, or even a property owner.
Where do Rolling Hills Estates pedestrian accident claims get filed?
A personal injury claim stemming from a pedestrian accident in Rolling Hills Estates is filed in the Superior Court of California, County of Los Angeles. Specifically, cases for this area are assigned to the Southwest District. The physical courthouse for this district is the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503.
In Los Angeles County, local rules dictate that a personal injury case is filed in the judicial district where the incident happened and then assigned to that district's Personal Injury Hub department. A claim against a city, county, or other public agency in Los Angeles County, including Rolling Hills Estates, follows a different process, requiring an initial claim presentation to the entity itself.
How long do you have to file a pedestrian accident lawsuit in California?
Most California personal injury claims, including those from pedestrian accidents, must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a city, county, or any other public agency, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2). Missing these deadlines means losing your right to sue.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). This pause does not apply to claims against public entities. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm, such as pain and suffering.
What should you do after a pedestrian accident?
- Seek Medical Attention: Your health is the priority. Get checked by a doctor, even if you feel fine. Some injuries may not be immediately apparent. Follow all medical advice and keep records of your appointments, diagnoses, and treatments.
- Report the Accident: Call 911 immediately to report the accident to law enforcement. A police report documents the scene and involved parties, which can be valuable evidence for your claim.
- Gather Information at the Scene: If you are able, get the driver's contact and insurance information. Take photos of the scene, vehicle damage, your injuries, and any relevant traffic signals or road conditions. Talk to any witnesses and get their contact details.
- Do Not Admit Fault or Give Recorded Statements: Do not apologize or speculate about what happened. Do not give a recorded statement to any insurance company, even your own, without first consulting with a lawyer. What you say can be used to undervalue or deny your claim.
- Contact a Pedestrian Accident Attorney: An attorney can advise you on your rights, handle communication with insurance companies, and help you understand the legal process. For example, your attorney will know whether your claim falls under the general two-year deadline or the shorter six-month deadline for public entities in Rolling Hills Estates.
What happens when you work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, our team focuses on pursuing the full compensation available under California law for your pedestrian accident injuries. We investigate the collision, gather evidence, and handle all communications with insurance adjusters and opposing counsel. Our goal is to shield you from stress so you can concentrate on your recovery.
We work to establish fault, calculate your total damages, and negotiate with insurance companies for a fair settlement. If a fair settlement isn't possible, we are prepared to take your case to court. Our personal injury and employment law is all we do, giving us deep experience with cases like yours in cities such as Rolling Hills Estates and Paramount. We also handle related cases such as wrongful death claims that might arise from fatal pedestrian accidents.
Frequently Asked Questions
How much does it cost to hire a pedestrian accident lawyer?
It costs nothing upfront to hire Casa Legal Los Angeles for a pedestrian accident claim. We operate on a contingency fee basis, meaning you pay no attorney's fees or case costs unless we win your case. If we do not secure a recovery for you, you also pay no case costs.
Can I still file a claim if I was partly at fault for the accident?
Yes, California uses a pure comparative negligence system. This means you can still recover damages even if you were partly at fault for the accident. Your total compensation would simply be reduced by your percentage of fault. For example, if you were 20% at fault, you would receive 80% of your total damages.
What kind of compensation can I get for my injuries?
California law allows recovery for both economic and non-economic damages after a pedestrian accident. Economic damages include specific financial losses like medical expenses, lost wages, and property damage. Non-economic damages cover less tangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Do I have to go to court for my pedestrian accident claim?
Many pedestrian accident claims are resolved through negotiation and settlement outside of court. However, if a fair settlement cannot be reached, filing a lawsuit and potentially going to trial in the Torrance Courthouse may be necessary to pursue the compensation you deserve. Our firm prepares every case as if it will go to trial, ensuring we are ready for either outcome.
If you have been injured as a pedestrian in Rolling Hills Estates, do not delay in seeking legal advice. Contact Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees or case costs unless we win.