When faced with the aftermath of a pedestrian accident, dealing with the challenges of legal claims and insurance settlements can be daunting. Understanding the costs associated with hiring a pedestrian accident attorney is crucial for anyone involved in such an unfortunate event. Typically, most pedestrian accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows victims to pursue justice without the burden of upfront legal fees, aligning the attorney’s interests with the client’s success.
If you or a loved one has suffered a serious injury due to someone else’s negligence or wrongful actions in Northern Virginia, Jennifer Porter Law, PLLC, is here to help. Our dedicated Northern Virginia pedestrian accident lawyers are committed to advocating for the rights and recovery of pedestrian accident victims. We work diligently to help you receive the compensation you deserve, handling every aspect of your case, from investigation to negotiation. Contact us today at (571) 532-9070 to learn how we can guide you on what to do after a pedestrian accident.
Does Insurance Cover Pedestrian Accidents?
In Virginia, whether insurance covers pedestrian accidents largely depends on the specifics of the accident and the insurance policies involved. Typically, if a driver hits a pedestrian, the driver’s auto insurance liability coverage should cover the damages. Virginia law mandates drivers to carry a minimum amount of liability insurance to pay for injuries or property damage caused to others in an accident they are responsible for.
This claim can include medical expenses, lost wages, and potentially pain and suffering. If the driver lacks sufficient insurance, the pedestrian’s own auto insurance, if they have uninsured motorist (UM) or underinsured motorist (UIM) coverage, may help cover additional costs.
Many pedestrians also have “MedPay” or medical expense benefits (MEB) coverage through their own auto insurance policies, which can provide additional compensation for medical expenses. Insurance companies in Virginia are required to offer MEB coverage to policyholders, which can be used in pedestrian accidents to help cover medical costs up to the policy limits, typically ranging from $1,000 to $10,000.
If the cost of injuries exceeds the MedPay limit, pedestrians may seek additional compensation through legal action. However, it’s important to note that Virginia’s strict contributory negligence law could prevent recovery in court if the pedestrian is found even slightly at fault.
For pedestrians involved in accidents, it is essential to document every detail of the incident and consult with a lawyer to address the challenges of insurance claims effectively. A Northern Virginia pedestrian accident lawyer can assist in utilizing available insurance resources and help ensure that the compensation received is fair and sufficient to cover the full extent of the losses.
Northern Virginia Pedestrian Accident Lawyer – Jennifer Porter Law, PLLC
Jennifer Porter
Jennifer Porter is a highly experienced personal injury attorney with over 25 years of success representing victims of pedestrian accidents and other serious injuries. Known for her litigation skills and genuine compassion, Jennifer helps clients who have been harmed through no fault of their own move through the legal process with confidence. Her unique background includes years of experience as house counsel for Progressive Insurance and representing major insurance carriers, giving her valuable insight into defense strategies and how to overcome them.
A respected member of the Virginia legal community, Jennifer has served on numerous committees within the Virginia Trial Lawyers Association and the Fairfax Bar Association. She has been recognized as a Super Lawyer and holds an AV Preeminent rating from Martindale-Hubbell. Licensed in Virginia, Maryland, the District of Columbia, and California, Jennifer is committed to maximizing recovery for her clients while providing personalized, sensitive legal guidance at every step.
Do I Really Need an Attorney to Represent Me?
Pedestrians involved in accidents typically sustain more severe injuries than other victims due to their complete exposure to the oncoming vehicle. These injuries can range from serious fractures and internal trauma to severe head injuries, not to mention the accompanying emotional distress and financial concerns, such as medical bills and lost income.
In such cases, insurance companies may attempt to minimize compensation, offering settlements far below what is deserved. These offers are often presented with pressure tactics, such as limited-time availability, aiming to close the case quickly and cost-effectively for the insurer. Once an agreement is signed, further compensation cannot be pursued, even if the victim’s condition worsens over time.
To counter these tactics and secure a fair settlement, the support of an experienced legal professional is crucial. A Northern Virginia pedestrian accident lawyer can help victims receive the compensation they deserve, addressing both immediate and long-term financial and emotional impacts.
How Much Will I Have to Pay?
Many accident victims are concerned about the potentially high costs of attorney fees, fearing that these might consume any compensation they receive from the driver’s insurance company. At Jennifer Porter Law, PLLC, we address this concern by what is called a “contingency fee basis.” This arrangement means that there are no upfront payments required—no hourly rates, retainers, or monthly invoices for the work we perform on your case. Instead, our fees are based on achieving a successful outcome in your case; only then will a previously agreed-upon percentage of the final award be due. This fee structure applies regardless of whether the case goes to trial, making it a common practice in personal injury cases.
We can provide an estimate of the full and fair compensation you’re entitled to under Virginia law, while also conducting our independent investigation into the accident. This investigation can lead to findings that differ from and could be more favorable than, those of the insurance company, potentially increasing your compensation.
What Percentage Do Pedestrian Accident Lawyers Take in Virginia?
In Virginia, most pedestrian accident lawyers charge on a contingency fee basis, meaning you only pay if the lawyer obtains a settlement or wins your case. The standard contingency fee typically falls between 33.3% and 40% of the total settlement or judgment.
Cases that settle quickly, without the need to file a lawsuit, often fall toward the lower end of this range, around 33.3%. When a case requires litigation, goes to trial, or involves extensive preparation, such as gathering professional testimony or presenting to a jury, the percentage may increase to 40%. The added time, resources, and risk involved in these stages can warrant the higher fee.
The complexity of a case can also influence the percentage. Claims involving severe injuries, multiple defendants, disputed liability, or complicated evidence often require significantly more work and strategy. In these situations, a higher percentage within the standard range is more common. If the matter continues beyond trial into appeals or enforcement actions, additional fees may apply.
Virginia’s Rules of Professional Conduct require that all legal fees be reasonable, disclosed in writing, and explained clearly to the client before representation begins. Because each case has unique circumstances, it’s important to discuss the exact percentage and any possible additional costs during your initial consultation. This conversation helps you understand how the fee will be calculated and what services it covers, providing clarity before moving forward with your claim.
| Coverage Type | Description / Who It Covers | Typical Limits / Key Notes |
|---|---|---|
| Driver’s Liability Insurance | Pays damages if a pedestrian is struck by a vehicle | Virginia minimum is about $30,000 per person |
| Pedestrian’s UM / UIM Coverage | Applies if the at-fault driver is uninsured or underinsured | Matches liability limits; can be stacked with the driver’s coverage |
| MedPay (Medical Payments) | Covers medical expenses and lost wages regardless of fault | Minimum $2,000 per person; can go up to $25,000; lost wages up to $100/week for 1 year; can be stacked across vehicles |
Get Help from an Experienced, Knowledgeable Pedestrian Accident Lawyer
Don’t let concerns over attorney fees prevent you from seeking justice after an accident. If you’ve been injured as a pedestrian in Northern Virginia, contacting a lawyer promptly is crucial for protecting your interests. At Jennifer Porter Law, PLLC, we are committed to helping you receive full and fair compensation for your injuries and losses due to someone else’s negligence. With decades of experience handling pedestrian accident cases, we are well-versed in the challenges involved.
Our experienced Northern Virginia pedestrian accident lawyers are dedicated to securing the compensation and justice you deserve, using our extensive legal knowledge to advocate on your behalf against insurance companies. Contact Jennifer Porter Law, PLLC at (571) 532-9070 for a confidential, free consultation and case evaluation.
