Process for Filing a Pedestrian Accident Claim in Georgia
Filing a pedestrian accident claim can feel daunting, but following a structured process can help you pursue the compensation you're entitled to.
The steps involved in filing a claim include:
- Assessing your case. The first step in filing a pedestrian accident claim is evaluating whether you have grounds to pursue compensation. This assessment typically involves determining whether the driver was at fault due to negligence, such as running a red light or failing to yield to pedestrians in a crosswalk. You may have a valid claim if you can demonstrate that the driver’s negligence caused your injuries.
- Gathering and presenting evidence. The next step is to collect the necessary evidence to support your claim. This support may include medical records, accident reports, witness statements, photos of the scene, and any available video footage. Evidence is essential for establishing the driver’s liability and demonstrating the extent of your injuries.
- Submitting your demand. Once you’ve established that your case has merit, your attorney can help you file a claim with the at-fault party’s insurance company. This initial claim will outline the accident details, the extent of your injuries, and the compensation you seek to cover your damages.
- Negotiating a settlement. The next step is negotiating a settlement with the insurance company. In most cases, your attorney can work to reach an agreement to compensate you for your medical bills, lost wages, pain and suffering, and other damages you’ve incurred.
- Filing a lawsuit and proceeding to court (if necessary). If negotiations do not result in a fair settlement, you may consider filing a lawsuit and taking your case to court. At this stage, your attorney can prepare to present your case to a judge or jury, where they will argue for just compensation.
Filing a pedestrian accident claim in Georgia can be complex, but you don’t have to navigate it alone. We can help you at every step, from assessing your case to negotiating a settlement or representing you in court.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$100,000 $100k for Woman Involved in Rear-End Collision With Neck Injury
For Woman Involved in Rear-End Collision With Neck Injury
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$172,500 $172k for a Woman Who Injured Her Leg at Her Neighbor’s House
For a Woman Who Injured Her Leg at Her Neighbor’s House
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$360,000 $360k for Man Injured in a Motorcycle Accident
Man Injured in a Motorcycle Accident
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$150,000 $150k for Client Who Injured Knee in Accident When at Fault Driver Failed to Yield
For Client Who Injured Knee in Accident When at Fault Driver Failed to Yield
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$100,000 $100k for Woman Involved in Automobile Accident & Suffered Elbow Injury
For Woman Involved in Automobile Accident & Suffered Elbow Injury
What to Do After a Pedestrian Accident
Whether a pedestrian accident is minor or severe, knowing what to do afterward is crucial to safeguarding your health and legal rights.
The following tips can guide your actions after a pedestrian accident:
- Seek immediate medical attention. Prioritizing your health and safety is critical after an accident. Even if you think your injuries are minor, seek medical attention. Injuries like internal bleeding or head trauma may not present symptoms immediately but can become more severe if left untreated. Promptly seeing a doctor ensures you receive the necessary care and creates a medical record that connects your injuries to the accident, which is vital if you file a compensation claim.
- Contact law enforcement. Contact the police to report the accident. Law enforcement will create an official report detailing the circumstances of the incident, including any traffic violations, witness statements, and driver information. This police report is a crucial piece of evidence in your claim and can help establish fault in the accident.
- Gather evidence. If you are physically able, gather as much evidence as possible from the accident scene. Start by taking photos, including damage to vehicles, the location of the accident, traffic signs, and your injuries. Additionally, collect contact information from the driver, witnesses, and anyone else involved in the accident.
- Consult an attorney. Handling the legal process on your own can be daunting, especially when facing insurance companies that may attempt to reduce your claim. A lawyer can explain your rights, collect the required evidence, negotiate with insurers, and, if necessary, take legal action on your behalf.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
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"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
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I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
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"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
What is the Statute of Limitations For Pedestrian Accidents in Georgia?
The statute of limitations imposes a firm deadline for filing a lawsuit following a pedestrian accident. In Georgia, the time frame for personal injury claims, including pedestrian accidents, is two years. This period usually starts from the date the accident or injury occurred.
Failing to meet the deadline can impact your case. If you do not file your lawsuit within two years, the court will likely dismiss it, no matter how strong your case may be. This decision would result in losing your ability to seek compensation for your injuries, potentially leaving you responsible for covering the financial costs yourself.
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