What damages can you recover if you are the victim in a pedestrian accident case? The potential damages in a pedestrian accident case typically involve medical expenses, lost income, property damage, and pain and suffering.
Depending on the details of your case, you may be entitled to other damages that your Duluth pedestrian accident lawyer can discuss with you.
Common Types of Pedestrian Accident Case Damages
As the victim of a pedestrian accident, your priority should be to minimize further injury and risk by getting out of the way of additional risk and getting medical care. That helps to create a strong indication that your injuries are from the accident. From there, you can file a claim for any losses the accident caused, such as the following damages you can recover in a pedestrian accident case:
- Medical injuries: Many people will have extensive medical injuries from a pedestrian accident, including emergency medical care, ongoing medical support in the hospital, after discharge, and throughout your recovery, and prescription medications. You may have losses related to surgeries, physical therapy, and other forms of medical care.
- Ongoing medical needs: Some people need in-home support from nurses or therapists for some time. You may have to make adjustments to your home if your mobility is lost and purchase assistive devices.
- Lost wages: If you missed work because of your injuries, you may be able to file a claim for all hours missed, including any benefits you lost during that time, such as paid sick days. Loss of earning capacity may apply if you are not able to go back to the same job because of your injuries.
- Out-of-pocket expenses: This may include any transportation costs to and from your doctor or therapy sessions or costs related to purchases for your healing.
- Pain and suffering: Most people struck by a car will suffer serious pain and suffering at the time of the accident and on an ongoing basis while they heal and recover. Some individuals may continue to suffer from chronic pain for years after the accident.
- Emotional distress: Being hit by a car is terrifying, and it can lead to the onset of conditions like anxiety, depression, or post-traumatic stress disorder.
With each of these losses, you need to show how much those injuries cost you, including the overall monetary value but also the value in lost quality of life, mental anguish, and changes to your future. For some people, a pedestrian accident could mean they can no longer engage in activities they love. Others may fully improve, but it could take months, if not longer.
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Determining Fault in a Pedestrian Accident
The first step in determining the damages you can recover in a pedestrian accident is proving the other party was at fault. In many situations, drivers have an obligation to do anything they can to prevent striking a pedestrian, even if that pedestrian darts out into the street.
However, there are limits to this, and it is up to you to prove the driver was at fault.
Establishing Negligence
To prove fault in a pedestrian accident, you must demonstrate the following:
- That the driver should have seen you and taken action to prevent hitting you
- When failing to do so, they caused your injuries
- You suffered losses, including physical, emotional, and financial harm
- Those losses are a direct result of the accident
Pedestrians Have the Right of Way
Under “What GA codes say about pedestrians,” pedestrians have the right of way when they are in a crosswalk, though they have to ensure any approaching vehicles can stop before crossing.
If a pedestrian is crossing outside of a crosswalk, but the driver can stop but fails to do so, the driver may still be held accountable for the losses.
Comparative Negligence
In some situations, both parties may hold some level of liability, such as in jaywalking accidents in which a person runs out into the street in front of a car that cannot stop.
Under Georgia, comparative negligence applies, meaning you can only recover damages if you are 49% or lower at fault. If you believe this to be the case, you can file a claim for any damages you have in a pedestrian accident case.
Catastrophic Injuries and Pedestrian Accident Claims
Catastrophic injuries are those that create a significant impact on a person’s health and well-being and are not likely to improve fully over time. In these cases, you may have losses that extend for the rest of your life, impacting your medical needs, day-to-day support, and even your lifespan.
If you were hurt in an accident that resulted in the following injuries, seek out the help of a Duluth personal injury lawyer to build your claim before you settle:
- Spinal cord injury with full or partial paralysis
- Loss of hearing
- Loss of sight
- Head injuries resulting in behavioral changes, cognitive function decline, or changes to speech
- Internal injuries causing damage to organs
- Scarring injuries causing permanent disfigurement
- Full disability, such as loss of mobility or the ability to care for yourself
In these situations, your compensation may be owed to meet your ongoing medical and mental health needs. It is critical to determine the value of your case carefully in these situations since these funds could be critical to helping you rebuild your life or manage your new needs. By working with your pedestrian accident attorney, you will be better able to know what your case is worth and the damages you can recover in a pedestrian accident case.
Fatal Accident Claims
Victims of pedestrian accidents may not survive their injuries, at which point the family members may wish to pursue financial compensation for the loss to cover medical bills, final costs, and financial dependency concerns.
No level of fair compensation seems adequate, but your Duluth wrongful death lawyer will help you prove what your case is worth based on age, severity, pain and suffering, and other factors. Do not settle your claim until you speak to an attorney.
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Contact a Pedestrian Accident Lawyer for Legal Guidance
Victims of pedestrian accidents caused by the negligence of others may be able to pursue compensation. Seek out a free consultation to discuss your case.
Slam Dunk Attorney is ready to help you recover damages in a pedestrian accident case.
Call or text 404-951-3513 or complete a Free Case Evaluation form
