January 11, 2023 Posted In Pedestrian Accident
When a pedestrian accident is caused by someone else’s reckless or negligent actions, victims can hold the responsible party accountable for their losses. The types of compensation available may include the following.
Pedestrian accident victims typically suffer actual financial losses for which they deserve reimbursement, known as economic damages. For example:
Current and future medical expenses beginning from the date of the accident—for instance, emergency services, hospitalizations, surgeries, physical therapy, prescription medications, and more. One of the most critical types of compensation is future medical care. Some injuries require long-term rehabilitation, adaptive medical equipment, home modifications, and more, which should all be taken into account. As a result, medical expert testimony regarding the extent of injuries and the anticipated care is typically required to calculate damages for future medical care.
Any income already lost and that will be lost in the future while being away from work to recover. Depending on the extent of the injuries, it can take an extended period of time to heal, or victims can suffer permanent impairments. If that is the case, diminished earning capacity may also be a possibility if an impairment or permanent disability for the difference in the level of income that can be earned now compared to before the accident.
If any personal items were damaged or destroyed in the accident, victims can recover compensation for their repair or replacement—for example, a phone, iPad, laptop, purse, backpack, etc.
This form of damages can be the most significant portion of the compensation recovered. Non-economic damages represent intangible or subjective losses, such as the following:
This type of compensation is for the physical and psychological harm (e.g., depression, anxiety, PTSD) or discomfort a victim has and will endure. It also includes loss of quality of life, loss of companionship, and more. The following factors will typically be considered:
Generally, the more severe the injuries and medical expenses, the greater the value of pain and suffering damages. However, non-economic damages can be more challenging to prove since they are subjective losses. An attorney may use expert testimony, counseling bills, journals, testimony from friends, etc., to establish the extent of pain and suffering.
Punitive damages may be awarded in pedestrian accident cases involving a defendant (at-fault party) that acted egregiously or with a conscious disregard for the safety of others. However, this type of compensation is rare and meant to punish the defendant and deter others from similar actions.
When a pedestrian accident victim is killed, their surviving family has the right to pursue a wrongful death claim. In these cases, a defendant can be held liable for funeral and burial expenses, medical bills incurred from the accident, loss of expected income, and more.
If you or a loved one has been injured in a pedestrian accident, speak to a Riverside Pedestrian Accident Attorney as soon as possible. They can help ensure you recover the compensation you need and deserve.