Practice Areas:

Pedestrian Accident Lawyer

Focused Areas

  • Pedestrian Accidents
  • Crosswalk Accidents
  • Hit and Run Pedestrian Accidents
  • Distracted Driving Pedestrian Accidents

Philadelphia Pedestrian Accident Lawyer

Pedestrian accidents can lead to devastating injuries, often leaving victims with long-term physical, emotional, and financial burdens. At the Law Offices of John D. Pallante, we provide dedicated legal representation for pedestrians injured by negligent drivers. John D. Pallante is committed to helping victims recover compensation for their medical bills, lost wages, pain and suffering, and other damages.

Understanding Pedestrian Accident Claims

Pedestrian accidents occur when drivers fail to exercise proper caution around pedestrians, often resulting in severe injuries or fatalities. Pennsylvania law holds drivers accountable for their actions, particularly in situations where pedestrians have the right of way. John D. Pallante works tirelessly to ensure that negligent drivers and their insurers are held responsible for the harm caused.

Types of Pedestrian Accident Cases We Handle

John D. Pallante has extensive experience representing clients in various pedestrian accident cases, including:

  • Pedestrian Accidents: Injuries sustained by pedestrians in urban, suburban, or rural settings due to driver negligence.
  • Crosswalk Accidents: Accidents occurring when drivers fail to yield to pedestrians in designated crosswalks.
  • Hit and Run Pedestrian Accidents: Cases where a driver flees the scene, leaving the victim injured and without immediate assistance.
  • Distracted Driving Pedestrian Accidents: Accidents caused by drivers distracted by texting, phone calls, or other in-car activities.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of physical protection for the victim. Common injuries include:

These injuries often require extensive medical treatment, rehabilitation, and long-term care, placing significant financial strain on victims and their families. John D. Pallante fights to ensure that all of these damages are accounted for in your claim.

Maximizing Compensation for Pedestrian Accident Victims

John D. Pallante is dedicated to securing fair and full compensation for pedestrian accident victims. He works closely with clients to understand the extent of their injuries and the impact on their lives. Compensation may cover:

  • Medical Expenses: Including emergency care, surgeries, rehabilitation, and ongoing treatment.
  • Lost Wages: Recovering income lost during recovery and any diminished earning capacity.
  • Pain and Suffering: Addressing the physical and emotional toll of the accident.
  • Rehabilitation Costs: Covering therapy and assistive devices needed for long-term recovery.
  • Wrongful Death: In fatal pedestrian accidents, John assists families in recovering damages for funeral expenses, loss of companionship, and financial support.

By conducting thorough investigations, gathering evidence such as surveillance footage and witness statements, and negotiating assertively with insurance companies, John builds a strong case for maximum compensation.

Why Choose John D. Pallante?

As a sole practitioner, John D. Pallante provides personalized, one-on-one legal representation. Unlike larger firms, where clients may feel like just another case number, John takes the time to understand your unique situation and provide tailored guidance throughout the legal process. His hands-on approach ensures that you are supported every step of the way.

Proven Results and Dedication
John’s case results demonstrate his commitment to achieving favorable outcomes for his clients. From securing compensation for severe injuries to holding negligent drivers accountable, John’s track record speaks to his dedication and skill.

Compassionate and Effective Advocacy
John understands the emotional and physical challenges pedestrian accident victims face. His empathetic yet assertive approach ensures that clients feel supported while he works tirelessly to secure justice on their behalf.

Frequently Asked Questions About Pedestrian Accident Claims

1. What should I do immediately after a pedestrian accident?
Seek medical attention as soon as possible, even if your injuries seem minor. Document the scene by taking photos, gathering witness contact information, and filing a police report. Contact a pedestrian accident lawyer like John D. Pallante to protect your rights and explore your legal options.

2. Can I still file a claim if I was partially at fault for the accident?
Yes. Pennsylvania follows a comparative negligence rule, which means you can recover compensation as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

3. How long do I have to file a pedestrian accident claim in Pennsylvania?
The statute of limitations for personal injury claims in Pennsylvania is generally two years from the date of the accident. It’s important to act quickly to preserve evidence and protect your claim.

Contact Us for a Free Consultation

If you or a loved one has been injured in a pedestrian accident, don’t face the challenges alone. Contact John D. Pallante at 445-245-8788 for a free consultation. Let us help you secure the compensation and justice you deserve.

Pedestrian Accident Lawyer

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FAQs

Welcome to the FAQ section of Pallante Law. Here, you’ll find answers to some of the most common questions we receive regarding our legal services and practice areas. Whether you’re seeking information about specific legal issues or want to learn more about how we can assist you, we’ve compiled these answers to help guide you.

What are my options if I suffer a spinal cord injury in Philadelphia?
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If you've sustained a spinal cord injury in Philadelphia, you have several legal options to seek compensation and hold the responsible party accountable. These types of injuries can be life-altering, so it's essential to understand your rights and the steps you should take.

First, you should seek immediate medical attention, as spinal cord injuries require prompt care. After stabilizing your health, contact a personal injury attorney who has experience handling spinal cord injury cases. Your attorney will investigate the circumstances of your injury, which could include car accidents, slip and falls, workplace accidents, or medical negligence.

There are multiple avenues for compensation:

  • Personal Injury Lawsuit: If your injury was caused by someone else's negligence, you may file a lawsuit to seek compensation for medical bills, ongoing rehabilitation, lost wages, and emotional distress.
  • Workers' Compensation: If your injury occurred at work, you could file a workers' compensation claim. Workers' compensation benefits in Pennsylvania cover medical expenses and a portion of lost wages but typically do not compensate for pain and suffering.
  • Third-Party Claims: In some workplace accidents, a third party may be responsible, such as a manufacturer of faulty equipment. In these cases, you can file a lawsuit against the third party while also collecting workers' compensation.

In many cases, spinal cord injuries result in long-term or permanent disability, so the compensation may need to cover future medical care, home modifications, assistive devices, and other expenses. If negotiations with insurance companies don’t lead to a fair settlement, your attorney can take the case to court to fight for full compensation.

How can I get compensation for a brain injury in Philadelphia?
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If you've suffered a brain injury in Philadelphia, seeking compensation involves navigating the legal system to prove liability and the extent of damages. The first step is to consult with an experienced personal injury attorney who specializes in brain injury cases. They can assess your case, guide you through the legal process, and help you understand your rights.

To get compensation, you'll likely need to prove that the injury was caused by someone else's negligence, such as in a car accident, workplace incident, slip and fall, or medical malpractice. Your attorney will help gather evidence, which can include medical records, accident reports, witness statements, and expert testimony from neurologists or neuropsychologists who can assess the long-term effects of your injury.

Compensation for a brain injury can cover a range of damages, including:

  • Medical expenses: Both current and future costs related to treatment, rehabilitation, and ongoing care.
  • Lost wages: Compensation for time missed from work, as well as loss of future earning potential if the injury impacts your ability to return to work.
  • Pain and suffering: This includes both the physical pain and emotional trauma associated with your injury.
  • Loss of enjoyment of life: If your injury results in cognitive, physical, or emotional impairments that prevent you from enjoying life as you did before, you may be entitled to compensation for this as well.

If a third party, such as an employer or another driver, was involved, your attorney may also file claims through their insurance. If the case doesn’t settle through negotiation, you may need to go to trial to secure fair compensation.

How long does a personal injury lawsuit take in Philadelphia?
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The duration of a personal injury lawsuit in Philadelphia can vary depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. On average, the process can take anywhere from several months to a few years. The timeline generally follows these steps:

  1. Initial Consultation and Investigation: This involves meeting with a lawyer, gathering evidence, and building the case, which can take several weeks to months, depending on how quickly evidence is available.
  2. Filing the Lawsuit: Once the lawsuit is filed, the defendant is given a certain amount of time to respond (usually 30 days). The pre-trial process starts after that.
  3. Discovery Phase: During discovery, both sides exchange evidence and take depositions. This phase can take several months, particularly if there are disputes over evidence or if expert witnesses are involved.
  4. Negotiations and Settlement Discussions: Many personal injury cases are resolved through settlement negotiations, which can happen at any point in the process. Settling before trial saves time, but this phase can last from a few months to over a year depending on how willing both parties are to negotiate.
  5. Trial (if necessary): If the case doesn’t settle, it will go to trial, which can take several days to weeks. After the trial, it may still take time to receive a final judgment or award.
  6. Appeals (if applicable): If either party is dissatisfied with the verdict, they may file an appeal, further extending the process.

An experienced attorney will aim to resolve the case as efficiently as possible while ensuring you receive fair compensation, but the timeline can vary based on the specifics of the case and the legal strategy involved.

Can I still file a personal injury claim if I was partially at fault in Philadelphia?
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Yes, you can still file a personal injury claim in Philadelphia even if you were partially at fault for the accident. Pennsylvania follows a modified comparative negligence rule, which allows injured parties to recover damages as long as they are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example:

  • If you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. So, if you were awarded $100,000, you would receive $80,000 after the reduction.
  • If you are 51% or more at fault, you will not be entitled to any compensation. Determining fault can be complicated, which is why having a skilled attorney who understands Pennsylvania’s comparative negligence laws is critical. They can help you navigate this process, gather evidence to minimize your fault, and ensure you receive the maximum compensation possible.

What evidence is needed to prove a personal injury claim in Philadelphia?
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To prove a personal injury claim in Philadelphia, you need to gather strong evidence demonstrating that another party’s negligence caused your injuries. Essential evidence typically includes:

  • Medical Records: Detailed documentation of your injuries, treatments, and prognosis is crucial. Medical records prove the extent of your injuries and can link them to the accident.
  • Accident Reports: Whether it’s a police report from a car accident or an incident report from a slip and fall, official documentation of the accident helps establish the facts of what happened.
  • Witness Statements: If anyone saw the accident occur, their testimony can corroborate your version of events and support your claim of negligence.
  • Photographs and Videos: Pictures or videos of the accident scene, your injuries, or any property damage provide visual evidence that can be very persuasive in court or negotiations.
  • Expert Testimony: In complex cases, experts such as accident reconstructionist, medical professionals, or vocational experts may be needed to explain the cause of the accident or the impact of your injuries.
  • Proof of Financial Losses: Receipts, bills, and pay stubs serve as evidence of the financial losses you’ve suffered, such as medical bills or lost wages. The more thorough and organized your evidence is, the stronger your claim will be. Working with an experienced attorney can help ensure that all relevant evidence is collected and presented effectively.

How is the value of a personal injury claim determined in Pennsylvania?
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The value of a personal injury claim in Pennsylvania is based on several factors, all of which are aimed at compensating the victim for their damages. Some key considerations include:

  • Medical Expenses: This includes the cost of hospital stays, surgeries, medications, rehabilitation, and any future medical treatment required as a result of the injury.
  • Lost Wages and Loss of Earning Capacity: If your injuries cause you to miss work, the claim will include compensation for lost income. If the injury affects your ability to work in the future, the claim can include compensation for loss of earning potential.
  • Pain and Suffering: Pennsylvania allows victims to claim damages for both physical pain and emotional suffering caused by the injury. This includes chronic pain, mental anguish, and loss of enjoyment of life.
  • Property Damage: In cases such as car accidents, you may also be compensated for any property damage, such as vehicle repair or replacement costs.
  • Comparative Negligence: Pennsylvania follows the “comparative negligence” rule, which means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your share of the fault. However, if you are more than 50% responsible, you may not recover any damages.
  • Severity and Long-Term Impact: Injuries that result in permanent disability or require long-term care, such as spinal cord injuries, traumatic brain injuries, or severe burns, typically lead to higher compensation due to their lasting impact on your life.

An attorney can evaluate these factors and work with you to estimate a fair settlement based on the unique circumstances of your case.

What types of personal injury cases do you handle in Philadelphia?
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In Philadelphia, personal injury law covers a wide range of cases involving physical, emotional, or financial harm caused by the negligence or intentional actions of others. Common types of personal injury cases handled in the city include:

  • Car Accidents: One of the most common personal injury claims, these can involve collisions between vehicles, pedestrians, or cyclists, often resulting in injuries ranging from minor to severe.
  • Slip and Fall Accidents: Property owners in Philadelphia are legally responsible for keeping their premises safe. Slip and fall accidents can happen in places like stores, restaurants, and even private residences due to unsafe conditions such as wet floors or poorly maintained walkways.
  • Medical Malpractice: If a healthcare provider in Philadelphia fails to meet the standard of care, patients may suffer injuries due to misdiagnosis, surgical errors, or medication mistakes, giving rise to a malpractice claim.
  • Workplace Injuries: Though Pennsylvania’s workers’ compensation system provides benefits for injured workers, certain cases, such as those involving third-party negligence or intentional harm, may allow for a personal injury claim beyond workers’ comp.
  • Dog Bites and Animal Attacks: Dog owners are responsible for controlling their pets. If you’ve been bitten or attacked by a dog in Philadelphia, you may be entitled to compensation for medical bills and emotional trauma.
  • Product Liability: This involves injuries caused by defective products, whether due to manufacturing errors, design flaws, or insufficient warnings.
  • Wrongful Death: If a loved one dies as a result of someone else’s negligence, their family can file a wrongful death claim to seek compensation for medical bills, funeral costs, lost income, and emotional suffering. These cases are all handled with the goal of ensuring victims receive the compensation they deserve for their injuries and losses.

What should I do if I’m injured as a pedestrian in Philadelphia?
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If you’re injured as a pedestrian in Philadelphia, follow these steps to protect your rights and ensure you receive the necessary compensation:

  1. Seek Immediate Medical Care: Get medical treatment as soon as possible. Some injuries may not be immediately visible, and prompt medical evaluation is crucial for your health and for documenting your injuries.
  2. Report the Accident: If the accident involves a motor vehicle, file a report with the Philadelphia Police Department. The report will document the details of the accident and can be essential for your claim.
  3. Collect Evidence: Document the scene of the accident, including the location, damage to vehicles (if applicable), and any visible injuries. Take photos if possible, and gather contact information from witnesses.
  4. Identify Responsible Parties: Determine who is responsible for the accident. This could be a driver, a property owner, or another party. Understanding who is at fault will help in pursuing a claim.
  5. Notify Your Insurance: If you have insurance coverage that may apply (such as health insurance or uninsured motorist coverage), notify your insurance provider of the accident and your injuries.
  6. Consult with an Attorney: Speak with a personal injury attorney who specializes in pedestrian accidents. They can help you understand your rights, assess your case, and guide you through the legal process.
  7. Keep Detailed Records: Document all medical treatments, costs, and any impact the injuries have on your daily life. This will support your claim for damages and compensation.
  8. Avoid Social Media: Refrain from discussing the accident or your injuries on social media, as this information could be used against you in legal proceedings.

How Long Do I Have to File a Wrongful Death Claim in Pennsylvania?
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  • Statute of Limitations: In Pennsylvania, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. This is outlined in the Pennsylvania Wrongful Death Act.
  • Exceptions: There are some exceptions that may extend or shorten this period, such as if the responsible party was a government entity, in which case shorter deadlines might apply.
  • Importance of Timeliness: It is crucial to file your claim within this timeframe to preserve your right to seek compensation. Delays can result in the loss of evidence and weaken your case.
  • Consult an Attorney: A wrongful death attorney can provide guidance on the specific deadlines applicable to your case and help ensure that all necessary legal actions are taken in a timely manner.

How Do I Know If I Have a Personal Injury Case in Philadelphia?
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  • Injury or Harm: You must have suffered physical, emotional, or financial harm due to another party's negligence or intentional misconduct. Common injuries include broken bones, head injuries, or emotional distress.
  • Negligence: Determine if another party’s negligence caused your injury. Negligence involves a failure to exercise reasonable care, such as a driver running a red light or a property owner failing to maintain safe conditions.
  • Causation: Establish a direct link between the negligent behavior and your injury. This means proving that the harm you suffered was a direct result of the other party’s actions.
  • Damages: Evaluate the damages you have incurred, such as medical expenses, lost wages, and pain and suffering. You need to quantify these damages to pursue compensation effectively.
  • Consult an Attorney: Personal injury lawyers offer free consultations to assess the viability of your case. They can help determine if you have a valid claim based on the specifics of your situation.

Contact your Philadelphia personal injury attorney, John D. Pallante today!