If a car hit you while you were taking a walk and you can prove the driver was negligent, you’re eligible to recover your financial losses or damages. There are many types of damages, as you’ll see in this article. They can add up to a significant amount of money.
Your best chance of fully recovering your damages will be to hire a skilled pedestrian accident lawyer. That’s what you’ll get when you turn to The Eberst Law Firm. We have a team of attorneys with extensive experience in these kinds of cases. Our firm also has a long track record of helping clients get all the money they deserve.
Economic damages are easy to prove because they’re tangible. For instance, if you suffer a traumatic brain injury, you’ll get a bill for your treatment. If you’re hurt so badly you can’t work, you can produce pay stubs to show how much money you’re losing. The following is a closer look at some examples of economic damages.
You probably needed immediate medical attention after your accident. There’s also a good chance you require ongoing treatment. Medical bills encompass various expenses related to their injuries, including emergency room visits, hospitalization, surgeries, medication, rehabilitation, physical therapy, diagnostic tests, and follow-up care. You can seek compensation for these medical expenses to cover the costs incurred.
Pedestrian accident injuries can result in temporary or permanent disability, preventing you from working during recovery. Lost wages refer to the income you would have earned had you been able to work. It typically includes compensation for missed work days, reduced work hours, or the inability to perform job duties. Both past and future lost wages can be considered when calculating compensation.
Lost Earning Capacity
In cases where your injuries lead to long-term or permanent impairment, you may experience a diminished ability to work and earn income compared to your pre-accident capacity. Compensation for lost earning capacity takes into account the difference between your pre-accident earning potential and your reduced ability to earn in the future. Factors such as age, education, work experience, and the severity of the injuries determine the extent of the loss.
These damages are much more challenging to prove. You can’t produce receipts for accident-related issues such as pain and suffering and emotional trauma. If you want the best chance to obtain compensation for these subjective damages, you’ll need the help of a skilled attorney.
Pain and Suffering
Pedestrian accidents can cause physical pain, discomfort, and emotional distress to the injured party. Pain and suffering compensation considers the severity and duration of your pain. It covers the physical discomfort and the emotional and mental anguish resulting from the accident and its consequences.
Loss of Consortium
Have your injuries significantly affected your relationship with your spouse or partner? If so, you may be eligible for compensation for the loss of consortium. This includes the loss of companionship, support, intimacy, and the inability to engage in normal marital or family activities. It acknowledges the impact the injuries have on your relationships and seeks to provide compensation for those losses.
Pedestrian accidents can lead to psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, depression, or other psychological disorders. You can seek compensation for the mental anguish you endured due to the accident. This compensation may include the costs of therapy, counseling, or other mental health treatments required to address the psychological impact of the accident.
Disfigurement and Scarring
Serious pedestrian accidents can result in visible permanent injuries, including disfigurement and scarring. You may receive compensation for the emotional distress caused by these physical changes. Disfigurement and scarring can significantly impact your self-esteem, body image, and quality of life. The compensation aims to alleviate the emotional suffering associated with these changes.
If your injuries lead to a permanent disability or impairment, you may be entitled to compensation for the long-term consequences and limitations imposed on your daily life. This includes compensation for the loss of physical abilities and reduced independence.
These damages will also cover your inability to participate in activities you enjoyed before the accident. The compensation seeks to address the ongoing impact of the disability and the resulting decrease in your overall quality of life.
In some instances where the at-fault party’s behavior is deemed exceptionally reckless, intentional, or malicious, punitive damages may be awarded. The legal system designs punitive damages to punish defendants and deter others from doing the same thing.
Unlike compensatory damages, which aim to compensate for losses, punitive damages are designed to penalize and send a message that such behavior will not be tolerated. However, juries rarely award punitive damages,
Wrongful Death Damages in a Pedestrian Accident Case
In tragic cases where a pedestrian dies due to the accident, their surviving family members may pursue wrongful death damages. These damages aim to compensate for the losses suffered by the family due to losing their loved one. They can include the following:
- Funeral and burial expenses.
- The loss of financial support that the deceased would have provided.
- The loss of companionship, guidance, and emotional support.
- The impact on the family members’ quality of life.
Wrongful death damages provide financial stability and support to the surviving family members during a difficult time.
Contact an Experienced Pedestrian Accident Attorney For Help With Your Claim
Pedestrian accident cases, and the various types of damages involved, are complex. That’s why you must speak with an experienced pedestrian accident attorney immediately. Skilled lawyers have the legal expertise to evaluate your case, gather relevant evidence, and calculate damages. A lawyer can also help you navigate the complexities of the legal process.
An attorney with The Eberst Law Firm can help you understand your rights, negotiate with insurance companies, and advocate for fair compensation for your economic and non-economic losses. Our knowledge and guidance can significantly improve your chances of obtaining a favorable outcome in your pedestrian accident claim.