When accidents occur, there is always the question of who is at fault and how much compensation can be claimed.
As a pedestrian who has been involved in a car accident, you are likely taking in a lot of information and may feel unsure of what lies ahead.
1. Seeking Legal Advice
If you are considering pursuing financial recovery for a car accident in which you were injured as a pedestrian, it’s important to consult with an experienced attorney who can evaluate your situation and advise you of your legal rights. A Pedestrian Accident Lawyer will also be able to accurately assess the amount of compensation that may be available in your case.
Seeking legal advice is especially important when dealing with third-party insurance companies and ensuring that any settlement offered reflects full and fair compensation for all medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. With experienced legal representation, you can ensure that the process goes smoothly and secure the most favorable outcome possible.
2. Types of Compensation for Pedestrian Car Accidents
As a pedestrian, you may be eligible for both economic and non-economic damages resulting from the incident.
- Economic damages may include any medical expenses related to your recovery from the accident and any income loss incurred as a result of being off work during that time.
- Non-economic damages typically cover intangible losses such as pain and suffering or loss of enjoyment of life activities due to physical or emotional injuries resulting from the accident.
In some cases, punitive damages may also be available if it is found that the driver was particularly careless or engaged in reckless behavior leading up to the crash. Punitive damages can be awarded on top of existing compensatory damages and often serve as an additional penalty for careless behavior designed to discourage negligent conduct in the future.
It is important to obtain legal counsel immediately following an accident so your rights are fully protected and you receive full compensation from any liable parties. An attorney can help you put together a well-supported claim for maximum compensation based on all applicable laws unique to your local area.
3. Determining the Amount of Compensation
The amount of compensation a person can receive after being involved in a pedestrian car accident varies from case to case. The following factors can all be considered when determining the compensation amount that may be recovered:
- The severity of your injuries: The more serious your injuries, the more likely it is that you will have higher medical bills, lost wages, and more significant pain and suffering.
- Liability: In order to recover compensation for a pedestrian accident, you must have solid evidence that establishes the other driver’s liability. Having documents such as police reports, witness statements and photographs of vehicle damage or skid marks on the road can all help to illustrate that another driver was at fault for causing the accident.
- Insurance Coverage: The type of insurance coverage held by each party will also factor into how much compensation you can expect to receive from an insurance claim or settlement. For instance, if there is minimal insurance coverage available or if one driver does not have any insurance at all, recovering full compensation for your losses may not be possible.
- The jurisdiction in which you file a lawsuit: Some jurisdictions limit damages awards in personal injury cases which could also impact how much compensation you are able to obtain for your claim. It is important for victims to understand these limits prior to deciding how best to move forward with filing their case.
4. Recovering Medical Expenses
Generally speaking, your compensation for medical bills should come from the at-fault driver’s insurance company. In some cases, a claim can be made against your own insurance company to cover the uncovered costs of your injuries.
When making a claim for medical expenses due to an accident, you may be eligible for reimbursement of both past and future expected medical costs. Some of the most common types of compensation that you may qualify for include:
- Emergency expense reimbursement: This includes treatment such as ambulance transportation, hospital stays, surgery, and medications.
- Physical rehabilitation costs: This includes costs related to physical therapy, chiropractic care, and other rehabilitation services to aid in healing.
- Medical equipment and home modifications: Costs related to renting or purchasing medical equipment needed as part of your recovery will generally be eligible as well as home modifications that are necessary due to disability associated with an injury (e.g., adding handrails around stairs).
5. Recovering Lost Wages
If a victim is unable to return to work immediately after an accident due to physical or emotional injuries, that person can pursue a claim for loss of wages. This includes lost income from missed days of work, as well as future, lost wages from decreased earnings capacity due the accident-related injuries.
To qualify for these types of compensation, one must provide proof of earnings prior to the accident in addition to evidence of how the pedestrian accident caused the victim’s inability to work.
6. Pain and Suffering Damages
Pain and suffering damages are the primary categories of compensation when you’re making a claim for a pedestrian car accident. This type of damage is meant to compensate for the physical pain, mental anguish, and other impacts that can come from a car accident.
The total you receive will be based on the severity of your injury, as well as any number of other factors such as age, pre-injury health condition, and future earning capacity. Generally, larger awards are made for severe injuries that result in long-term or permanent issues.
Ultimately, the amount of compensation you can receive as a pedestrian involved in a car accident will depend on a variety of factors. It is important to understand what those factors are and how they may impact your financial recovery so that you have an accurate expectation of the monetary settlement you could receive from your claim.
The best way to maximize your compensation and ensure that your rights are protected is to seek legal advice from an experienced personal injury lawyer who can evaluate all aspects of your case so that you can receive the most favorable outcome possible.