Feb 07, 2025 | pedestrian accident

Tips for Negotiating Your Pedestrian Accident Injury Claim

Being injured in a pedestrian accident can be a traumatic experience, and negotiating a fair settlement for your injuries can be challenging. Insurance companies often attempt to minimize payouts, so it’s essential to be well-prepared when negotiating your claim. Here are some key tips to help you secure the compensation you deserve.

Gather Strong Evidence

The strength of your claim depends on the evidence you provide. Collect as much documentation as possible, including:

Seek Medical Treatment Immediately

Even if you feel fine after your accident, some injuries may not appear until later. Seeking prompt medical attention not only protects your health but also provides medical documentation that links your injuries to the accident.

Insurance adjusters may argue that delays in treatment suggest your injuries were not serious or were unrelated to the accident.

Calculate the Full Value of Your Claim

When negotiating, it’s important to consider both economic and non-economic damages. These damages include compensation for such items as:

  • Medical expenses (current and future),
  • Lost income and reduced earning capacity,
  • Pain and suffering,
  • Emotional distress, and
  • Loss of enjoyment of life.

Do not accept a settlement before understanding the full extent of your damages.

Don’t Accept the First Offer Too Quickly

Insurance companies often start with a low settlement offer, hoping you will accept it without question. Don’t fall for this trap.

Be patient and prepared to negotiate. If the offer is too low, provide a counteroffer with supporting evidence that justifies a higher amount.

Be Careful When Communicating with Insurance Adjusters

Insurance adjusters are trained to minimize payouts.

Avoid making statements that could be used against you, such as admitting fault or downplaying your injuries.

Stick to the facts and, if necessary, communicate in writing to maintain a clear record.

Know the Statute of Limitations

Each state has a time limit for filing a personal injury claim, known as the statute of limitations. In Washington, for example, you typically have three years from the accident date to file a lawsuit.

Missing this deadline can result in losing your right to compensation.

Consider Hiring a Personal Injury Attorney

If negotiations become difficult or if the insurance company refuses to offer a fair settlement, consulting with a personal injury lawyer can be beneficial.

An attorney can handle negotiations, gather additional evidence, and take legal action if needed.

Contact Justice Through Compensation for Help

If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.