Typically, when a person hires a pedestrian accident lawyer in Bethesda, they will do their best to fully investigate the claim during the initial consultation. The initial consultation can take some time and the office will ask a barrage of questions of the injured person to sort out any issues regarding liability and potential issues that may come up in terms of damages. This is done so that the attorney can fully understand the claim and be aware of any potential issues at the outset. Likewise, this is done so that the injured person can be advised of any potential issues that may come up during the course of the claim. It is important for anyone involved in a motor vehicle accident to understand that once he/she asserts a claim, their medical condition is at issue. Thus, it is the at-fault party’s right to investigate the injured person’s medical history. It is important for the injured person to disclose any prior medical condition that may come into play during the course of the claim.
Retainer Agreement
The first step that occurs once a pedestrian accident attorney is hired, is the client is required to sign a retainer agreement. Every attorney is required to have his or her client execute a written agreement that outlines the role and responsibility of the attorney. This document will also outline the manner in which the attorney will be paid. Once that retainer agreement is executed, then the attorney’s office will be in contact with the injured person to collect administrative information from the injured person and at the same time a letter of representation is sent to the at-fault party’s insurance company instructing it to no longer contact the injured person, and ensure that all communication goes through the attorney’s office.
Conducting an Investigation
In a pedestrian case, there are a number of things that are important to the investigation of the claim. First, and most importantly, an investigation should be done to determine exactly how the collision occurred. This requires the injured person to provide specific and credible information as to where exactly the collision occurred, where the pedestrian was standing when they were struck, and whether or not the pedestrian was within the crosswalk and/or had the crosswalk sign or symbol. Second, it is critical to collect medical bills documenting the injuries. It is critically important for the medical documentation to correspond or correlate to the alleged injuries by the pedestrian. Ultimately, a pedestrian claim will be reviewed by a skeptical insurance company, and therefore, any gaps in treatment or any allegations that are not corroborated by the medical documentation will be drawn into serious question by a reviewing insurance company. Additionally, the attorney will make contact with the at-fault party’s insurance company in order to determine whether there is a dispute as to liability, or who is at fault for the accident, and determine whether there are some issues or questions as to the nature and extent of injuries alleged by the pedestrian.
Unique Facts to Look For in Pedestrian Accident Cases
The facts that an attorney will look for in a pedestrian accident case in Bethesda are typically found through close examination of the actions of the pedestrian. Bethesda is a fairly urban area with a lot of pedestrians crossing the street, which, unfortunately, requires close interaction with moving motor vehicles. Pedestrians are required to follow the rules of the road. Therefore, a reviewing judge or jury will impute these rules on a pedestrian. Unique facts and circumstances that an attorney might look for in pedestrian cases in Bethesda really hone in on the actions of the pedestrian and the driver of the motor vehicle in order to evaluate whether a contributory negligence claim will be made.
