The Dos & Don’ts of Building a Pedestrian Accident Claim

Michael Waks

2 years ago

If you were struck by a motorist while on foot, you may be planning on filing a pedestrian accident claim. The damages are probably mounting quickly, after all, and it may not be much longer before your financial security is in jeopardy.

Thankfully, by taking action, you may be able to secure compensation for virtually all the losses you incur. First, however, you’re going to have to put together a strong claim.

Let’s take a look at some of the steps you should take—and some of the missteps you should avoid—when building this claim:

1. Do Save All Documentation of Damages

You may only seek compensation for the damages you can prove you actually incurred, so make sure to save all associated documentation. In California, recoverable losses include medical expenses, the cost of replacement services, and lost wages. As such, records worth preserving might include hospital bills, pharmacy receipts, invoices for domestic help, and paystubs.

California tort law also allows for the recovery of non-economic damages like diminished quality of life. To document these losses, you can start writing in a daily journal. Record the ways in which your injuries are keeping you from doing what you want and forcing you to rely on others just to get through each day.

2. Don’t Post About the Situation on Social Media

The insurance adjuster will be looking for reasons to challenge your credibility, and they’re probably going to start the hunt by checking out your social media activity. Therefore, as long as your pedestrian accident claim is pending, it’s wise to lay low online. After all, there’s no way to be sure how the opposing party might spin what you post—even if it’s seemingly innocuous content—and ultimately use it against you.

3. Do Prioritize Your Recovery

There’s always so much to do after a serious accident, but your health should remain your number one priority. Seek prompt medical care, and then make an active effort to follow all your doctor’s orders over the course of your recovery.

In addition to preventing complications, this will show the insurance adjuster you were committed to mitigating damages from day one.

4. Don’t Speak on Record

At some point during their investigation, the carrier may reach out and ask you to give a recorded statement. It’s in your best interests to refrain for providing one. Speaking on what happened—or on the kinds of losses you’re facing in the aftermath—opens the door for disputes, especially if you say something that turns out to be inaccurate.

Discuss Your Pedestrian Accident Claim with an Attorney in Long Beach

Your Injuries Are Personal to Me

Are you thinking about filing a pedestrian accident claim in California? For strategic legal guidance at every stage of the proceedings, you can count on the Law Office of Michael D. Waks. We won’t charge you any fees whatsoever unless we win your case. Call (562) 206-1939 or submit our Online Contact Form to schedule a free initial consultation with a pedestrian accident lawyer in Long Beach.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.