Timing and Personal Injury Claims Involving a Pedestrian Accident

Car Accident Lawyer

Travel and transportation all carry varying levels of risk and perceived danger. Walking is the most natural mode of transportation for human beings, but even that is not without risk. The number of pedestrian accident-related deaths has increased by 41% since 2008, and the same can be said for pedestrian injuries. Therefore, when you are injured in a pedestrian accident, where do you turn? How do you recover financial losses, and how much time do you have to act?

Personal Injury Claims

While the immediate aftermath of an accident can result in a great deal of trauma that needs to be assessed by a medical professional, the recovery process can be equally devastating, depending on the severity of your injuries. Therefore, the judicial system developed a means for accident victims to seek restitution for their losses, both actual and general, through personal injury claims. These claims allow a victim to sue the responsible party for incurred losses, but as with any legal process, there is a time limit to these actions.

Statute of Limitations

While every state will vary on the allotted time a victim has for filing a legal action, the general consensus is two years. However, this period also depends on the age of the victim. For example, a minor is not limited by the two-year statute until their 18th birthday. Therefore, if you were in a pedestrian accident at age 17, then you would have until you were 19 to file. Although, in most cases, the sooner you file, the better.

Reasons to Wait

While filing a personal injury suit should be done as soon as possible, it is also essential, in some cases, to wait. There are times where a victim may not know the extent of their injuries until after extensive medical testing, and there are other times where an injury may not manifest for some time after an accident. Therefore, waiting might be in the best interest of your case, but it is best to discuss these things with your attorney and your doctor.

Pedestrian accidents are not only possible, but they are also an increasing trend according to the CDC Injury Center. Therefore, don’t feel like your pedestrian accident is a rarity and likely hard to prove in a court of law. Before you write off your potential claim as unprovable, contact a car accident lawyer, and discuss the details of your accident as well as any injuries you sustained. They will be able to help you determine the merits of your case and whether it is worth pursuing.


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