How to Select a Pedestrian Accident Attorney: Everything You Need to Know

Did you know that 2021 had the highest total of pedestrian deaths in 40 years? This grim statistic shows just how critical it is to be vigilant when you’re on the road. But if you’ve been involved in a pedestrian accident injury, you’ll also want to be prepared for a potential legal battle to get what you deserve.

When you’re a victim, it pays to partner with a skilled legal mind. Read on to learn how to select a pedestrian accident attorney!

Choose an Experienced Attorney

Experience matters when you’re trying to get the financial assistance you deserve. Following a pedestrian accident injury, you may be experiencing emotional and physical trauma that makes functioning at your peak capacity difficult. In that moment, it is worth the investment to have an established attorney at your side. 

While a new and less experienced attorney may be less expensive, you get what you pay for. Further, new attorneys may lack critical connections with other legal professionals. Such connections can be instrumental in achieving a fair and efficient settlement.

For example, inexperienced attorneys may not know the best tactics when working with specific judges. And they may not have a rapport with other attorneys at the table to help with negotiations. 

You’re better off choosing an attorney with several years or even decades of experience. A good attorney should have a professional office with staff to ensure an orderly approach to every case. And they should be willing to meet with you in person.

Visit an attorney’s website to find more information about their credentials and experience. Incomplete biographies or vague web copy can be indications that an attorney lacks experience. Look for ample details about an attorney’s educational background and involvement in professional organizations.

Even more importantly, choose an attorney with experience specific to your needs. In other words, you shouldn’t be a rare pedestrian accident case in their portfolio. You want an attorney who specializes in these types of cases.

Personal injury attorneys all have areas of specialization. Some may be most experienced with motorcycle or bicycle cases, for instance. Be sure that you’re choosing someone who has worked on pedestrian cases.

Attorneys who’ve worked on pedestrian accident claims will know how to handle insurance companies. Plus they’ll know what types of evidence to gather to put together the best possible case. This can include the police report, witness testimony, and photos of the accident scene. 

Look for a Record of Success

Not only do you want a seasoned attorney, but you also want a successful attorney. When you meet with a prospective attorney, ask about their success rate with cases similar to yours. They should be willing to share detailed numbers demonstrating how many cases they have won or settled.

Steer clear of attorneys who try to sidestep questions about their success. Likewise, avoid attorneys who give you ambiguous information. You need to see clear numbers showing how many cases they have handled successfully. 

Attorneys should be able to give you a range of monetary outcomes, too. Given your injuries and situation, this could help give you a sense of what to anticipate.

For example, injuries that result in chronic pain could result in higher settlement amounts. This is because ongoing pain issues will require more extensive medical treatment. And you may need to miss work more often to seek rehabilitation. 

Look for evidence of success with cases involving both catastrophic injuries and minor ones. Attorneys should be adept with each scenario. Ask if they have awards or commendations for their successes, too. 

Details about an attorney’s record also can give you a point of comparison if you’re interviewing different attorneys for the job. It’s wise to meet with at least three potential attorneys before committing to one. Make a spreadsheet to compare fees, check success records, and evaluate other important factors. 

Ask About Fee Structures

When comparing attorney fees, you’ll want to be clear on the overarching fee structure. After all, you don’t want to be surprised by a large bill when your case hasn’t even materialized or moved forward. It’s better to have everything in writing on the front end, too.

Be sure to ask any potential attorneys for a clear explanation of all fees associated with their services. For instance, you shouldn’t have to pay for an initial consultation. Most good attorneys will allow you to meet with them first to explain your situation at no cost.

Be aware of any additional fees you might incur given the nature of your case, too. And know what cut of a settlement your attorney will take. 

Many contingency-fee attorneys will ask you to pay a percentage of your final settlement amount. This number can range from 30% to 40% of the total amount. If you don’t reach a settlement, however, you still may need to pay for the attorney’s time up to that point. 

Ultimately, your best bet is to choose an attorney who works on contingency. This means that the attorney won’t collect money unless you are paid. As a result, your fee will be deducted from the settlement amount. 

Yes, you may end up paying a hefty chunk of your settlement to your attorney. But without an attorney’s expertise, you likely wouldn’t have a settlement in the first place. 

By contrast, with an attorney who charges an hourly rate, you’re stuck paying them regardless of the outcome. In this scenario, it’s more difficult to know how diligently your attorney is working on your behalf. With a contingency structure, you can be confident that your attorney is working hard to get the best possible financial outcome. 

At the same time, know that there are some additional fees to be expected. For example, you may need to pay court filing fees or fees for securing medical records. Regardless of an attorney’s fee structure, you can trust that these are fairly common costs.

Assess Communication Skills

Even the most well-credentialed attorney needs to be able to communicate well. Remember that you will need to be clear on the logistics of the claim process plus other legal details. You should prioritize finding an attorney who takes the time to communicate well.

Avoid attorneys who fail to return phone calls or make you feel rushed. And avoid attorneys who pawn you off onto assistants who may not know as much about your case. And, of course, look for an attorney who has the availability to make your case a priority. 

Further, you should find an attorney who explains legal terms and scenarios clearly. You don’t want someone who assumes that you know how each step in the process works. Your attorney should be able to walk you through even the most basic steps, such as how to file a claim.

Along the same lines, find an attorney whose communication style matches your own. If you prefer phone calls, select an attorney who is willing to meet over the phone. Or if meeting in person seems more efficient, find an attorney with the availability to meet your needs. 

Attorneys who come across as abrasive or clipped in their communication style won’t help you feel at ease throughout the process. Make sure you feel comfortable being honest and asking questions with your attorney. 

Understand the Timeline

Make sure you have some understanding of the timeline and time commitment for your claim. Especially if you are a full-time worker, you may need to take time off or make budgetary adjustments. Some cases may take a few months, while others could extend into years.  

The last thing you want is for a claim to stagnate because your attorney does not move very efficiently. At the same time, you don’t want to hire an attorney who promises a speedy but unrealistic timeline. 

An attorney should be able to offer a timeline estimate based on similar types of cases. The length of time may hinge on a party’s willingness to accept fault, too. Poor negotiations, where one or both parties won’t compromise, also can delay results.

As the pedestrian, you may need to be willing to acknowledge some degree of fault, as well. Maybe you disregarded traffic signals, for instance. While you may not get as much money in a settlement in this situation, you can speed up the process by owning up to your fault. 

Another reason to ask about the timeline is to mitigate financial hardship. The longer a settlement or case takes, the longer you’ll have to wait to receive essential money for medical care.

You may want to ask an attorney about the potential for cash advances to help cover medical costs. This can be helpful when a settlement or case drags on for longer than expected. With an advance, you’ll have the money you need to cover medical costs or lost wages. 

Get Recommendations and Referrals

Before signing any paperwork, check for recommendations and ask about referrals. You can start by looking online for testimonials on an attorney’s website. Be aware, however, that these can paint an unrealistic picture since they will be positive.

Also, plan on looking at reviews through search engines. These reviews will be less biased. And they can point you toward recurring red flags or indicate consistently positive feedback.

Additionally, a good attorney will give you the name and contact information of a recent client who filed a pedestrian accident claim. That way, you can talk with them to better understand their experience working with a given attorney.

You want to know that your attorney won’t accept a small settlement offer from insurance. Some attorneys are known to take poor offers to boost their stats or wrap up a case sooner. A past client can help you understand just how hard an attorney will work to score the best offer. 

Keep in mind, though, that even the best attorneys may have some drawbacks. Speaking with a client can give you a clearer understanding of any downsides. But overall, you’re looking for indications that the entire experience was fruitful. 

Avoid Attorneys Who Make Guarantees

As you explore options for attorneys, it’s fair to ask them about the potential outcomes of your case. Reputable attorneys will acknowledge that you might not walk away with a hefty sum of money. They’ll tell you that you could end up with a settlement, but the amount may depend on your injuries.

They also will know about the precedent for similar types of cases in your state. Laws vary by state for pedestrian accidents. As such, you want to see evidence that your attorney has experience handling cases in your state.

Be wary of attorneys who go beyond listing potential outcomes. Anyone who tries to guarantee a monetary amount or make lofty promises should not be trusted. Guaranteeing settlement amounts is just a hook to lure new clients, but it isn’t honest. 

Every claim has unique details and circumstances that make it impossible to predict an outcome. Some insurance companies are easier to deal with than others. And you may or may not be the lone victim, which can impact a settlement. 

Learn How to Select a Pedestrian Accident Attorney

Knowing how to select a pedestrian accident attorney positions you for a more favorable outcome. When you’re coping with a debilitating injury and emotional trauma, you deserve an experienced attorney with a record of success. Look at their communication style, referrals, and fee structures as you choose the right attorney. 

Find more tips to stay safe in the toughest situations. Check back soon for new articles!