What damages are recoverable in pedestrian accident cases?
By GNGF on January 19th, 2023 in
Pedestrians injured by negligent drivers are entitled to recover all past and future medical bills, lost wages, pain, suffering, mental anguish, physical impairment, disfigurement, and all other legally recognizable harms and losses. If the negligent driver and their insurance company are not willing to fairly pay you in a settlement, a great lawyer from Harmonson Law Firm is ready and willing to take pedestrian accident cases to court.
Perhaps you have moderate injuries from your pedestrian accident that can be expected to heal within weeks or months. You could have severe, even catastrophic injuries that could take months or years to heal—or may leave you permanently disabled or disfigured. A pedestrian has no protection when hit by a vehicle. There are no airbags, seat belts, or a steel and glass “cage” surrounding the pedestrian. A typical passenger vehicle weighs around 3,000 pounds, and the faster that vehicle is going, the more severe the injuries are likely to be.
Your injuries could leave you unable to work for a significant amount of time—or possibly forever. With no regular income coming in, you may be anxious and overwhelmed regarding how you will pay your medical expenses as well as your regular monthly expenses. Economic damages include medical expenses and lost wages. Medical expenses can encompass ambulance costs, surgical expenses, physician expenses, the cost of prescription drugs, rehabilitative therapies, and any assistive devices necessary. If you cannot return to work for a short period of time you are entitled to lost wages for your time away from work.
If you are unable to return to work for an extended period of time, then you are entitled to future lost wages based on calculations of what you would have been earning in your career. This is based on your age at the time of your accident (how many working years you had left), your education level, and the likelihood of advancement in your career. Non-economic damages are more difficult to quantify as there is no exact number attached to them. Non-economic damages include pain and suffering, which can be both actual physical pain as well as mental and emotional pain and trauma.
Emotional pain and suffering can last months or years and may include fear, insomnia, anxiety, anger, grief, cognitive changes, PTSD, and loss or diminishment of the quality of life. Pain and suffering can also include loss of consortium, which is a type of pain and suffering experienced by the injured person’s loved ones. Loss of consortium can include loss of care, companionship, parental guidance, spousal intimacy, household services, and even inheritance in the case of wrongful death.
If I am a pedestrian hit by a motor vehicle, is there anyone else I can sue other than the motorist?
In certain circumstances, a homeowner or other property owner may be responsible for causing a pedestrian accident if there was some obstruction on the property that caused or contributed to the pedestrian accident. For example, if a homeowner allows an overgrown tree to obstruct a stop sign and the driver continues into an intersection not seeing the stop sign, the homeowner may be responsible for your injuries. Contact Harmonson Law Firm for help with pedestrian accident cases.
In most cases, the actual driver of the vehicle will be found responsible for the accident unless a pedestrian ran out in front of the car without the benefit of a crosswalk, in such a way that the driver could not have seen the pedestrian. If a governmental entity is responsible for clearing obstructing brush or ensuring that crosswalks are properly marked and maintained then if they neglected those responsibilities, they could potentially be held responsible for the accident. Contact Harmonson Law Firm regarding pedestrian accident cases.
How Can the Harmonson Law Firm with Offices in El Paso, TX and Las Cruces, NM Help?
At Harmonson Law Firm, we are dedicated to helping good people injured in bad accidents. Throughout the years we’ve proven we are more than capable of handling personal injury claims of all types and complexities. We understand how overwhelming it can feel to find yourself injured—through no fault of your own—unable to work, and drowning in medical expenses.
At Harmonson Law Firm, we are 100 percent focused on protecting the rights of injured individuals throughout Las Cruces, El Paso, and the surrounding areas. Attorneys Clark Harmonson and Hadley Huchton consistently take care of clients on a personal level that you rarely see at other firms. Contact Harmonson Law Firm today—we will answer all your questions regarding the claims process in a comprehensive, yet easy-to-understand manner. Please note that nothing herein is meant as legal advice specifically related to your case.
