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Here’s What To Expect in a Pedestrian Accident Lawsuit and Compensation


Legal

Here’s What To Expect in a Pedestrian Accident Lawsuit and Compensation

Typically, people must exercise reasonable care when driving to avoid harming others. They must also yield the right of way to pedestrians when appropriate. However, some drivers don’t follow the law and end up causing pedestrian accidents.

In accidents involving cars and pedestrians, the latter often suffer the worst injuries. That’s because pedestrians have minimal to no protection from the force of an accident. You can file for compensation if a driver’s negligence caused your accident. We asked the professionals at The May Firm to give us a breakdown of what to expect in a pedestrian accident suit. Here’s what they shared.

Available Compensation in a Pedestrian Case

You can claim compensation for all the losses resulting from your pedestrian accident. The defendant’s insurance company is usually responsible for paying compensation. The losses you can recover fall under the following categories.

Economic Damages

Economic damages include things like property loss, medical expenses, and lost wages. The injuries you sustained from your accident will require medical care. The cost of getting treatment can rise rapidly. Luckily, you can recover the past and future costs of medical care, including:

  • Doctor’s visits
  • Hospital stays
  • Prescription medication
  • Surgery
  • Physical therapy

Your pedestrian accident can result in lost wages. For example, you may miss work for three weeks because of your injuries. You have a right to recover the wages you missed during those three weeks.

Your injuries may cause a disability that limits your future capacity to work and earn. You can claim compensation for such a loss.

Non-Economic Damages

Non-economic damages are subjective. An example is pain and suffering. It covers the physical pain and emotional distress resulting from your injuries. You may claim compensation for such a loss. Other examples are:

  • Permanent disability
  • Mental anguish
  • Reduced quality of life
  • Loss of consortium

Punitive Damages

You may get punitive damages if the court decides to award it. It serves to punish the defendant for malicious or intentional actions. You may receive these damages in addition to economic and non-economic damages.

Proving Liability to Recover Compensation

A pedestrian accident case is a type of personal injury case. In such cases, you have to prove the defendant’s liability. That means proving that the defendant acted recklessly, causing your accident.

Proving liability often involves four elements. They include a duty of care, breach of duty, causation, and damages. The defendant may contest their liability for your losses. Alternatively, they may accept only a portion of the liability.

A lawyer can collect enough evidence to help prove the defendant’s liability. In doing so, they safeguard your right to compensation.

Investigations Into Your Pedestrian Accident

Pedestrian accident cases can have complexities. For example, the defense may contest liability. Thus, you’ll need to provide solid evidence to recover compensation. A lawyer can conduct an in-depth investigation into your case and gather evidence.

There are different kinds of evidence that can be helpful in your lawsuit. An example is witness testimony. Eyewitness accounts help paint a picture of what happened and who’s at fault. Other forms of evidence include:

  • Police accident report
  • Medical records
  • Photos and footage of the crash
  • Expert witness testimony

Negotiating a Settlement

Most personal injury claims settle out of court through negotiations. Negotiations may start when your lawyer writes and sends a demand letter. Alternatively, the insurance company may be the first to offer a settlement. However, such an initial offer will likely be lower than you deserve.

The receiving party may choose to accept or decline an offer. If they decline, they often send a counteroffer. Then, negotiations ensue. If you settle, you may sign the settlement agreement. The case may proceed to trial if you don’t reach a settlement agreement.

Wrap Up

You should know what happens when seeking damages through a pedestrian accident lawsuit. However, it’s unlikely that you’ve dealt with a pedestrian accident suit before. Thus, you might not know what to expect in the financial recovery process. Hopefully, you now understand what goes on when obtaining compensation.


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