People traveling by foot who are struck by reckless or careless motorists can suffer traumatic injuries and require expensive medical attention. This can cause financial stress on top of the physical and emotional burdens they are facing.
Fortunately, the recoverable damages in Chesterfield pedestrian accident cases could help compensate the injured party for their financial and personal losses. Working with a dedicated injury attorney could help you accurately calculate your recoverable losses.
Due to the substantial size and weight difference between a person walking and an oncoming vehicle, the pedestrian involved in a collision often suffers devastating injuries. These injuries often require ongoing treatment and may result in permanent disability or disfigurement.
As such, injured pedestrians can seek financial compensation for both their monetary and personal losses. Economic damages can include medical expenses, lost wages, decreased earning capacity, and any other out-of-pocket expenses related to the pedestrian’s accident. Non-economic damages consider the emotional and physical impact the accident caused the person walking in Chesterfield, and could compensate them for pain and suffering, loss of consortium, and decreased quality of life.
Some recoverable damages are more easily calculated than others. Economic losses have specific values attached to them. A local attorney may gather medical bills, pay stubs, and hire an economist to calculate future financial damages the injured party could suffer in the future due to the accident.
Non-economic damages are typically calculated based on how series the pedestrian’s injuries are. For instance, if they have soft tissue injuries then their damages are fairly low. However, if they have catastrophic injuries, like crushed bones or head trauma, then their damages will be higher. Enlisting the services of a well-practiced lawyer could help an injured plaintiff accurately calculate their total losses.
The attorney representing the injured pedestrian is generally responsible for quantifying the claimant’s damages and submitting fair settlement demands to the defendant’s insurance company. Additionally, a lawyer must look into the defendant’s insurance policy limits, especially if the claimant’s injuries are serious. On the other hand, the defendant’s insurance company will do its own calculations to determine what it believes the claimant deserves.
In some cases, a legal professional may need to enlist the services of an expert to accurately calculate the recoverable damages. This could include an economist, who will look at what the pedestrian earned in the past and would have earned in the future had they not been injured. They may also calculate the future losses related to ongoing medical care.
Punitive damages are different than compensatory damages. These damages aim to punish the defendant and are only awarded under certain circumstances. A pedestrian in the area who was struck by a negligent driver could potentially recover punitive damages if the motorist had a willful and wanton disregard for other’s safety.
The most common example would be if a drunk driver gets behind the wheel and strikes someone walking. As driving under the influence is illegal, a local attorney might be able to make an argument for punitive damages. Additionally, punitive damages are not paid by the defendant’s insurance company but rather the defendant themselves.
If you or a loved one suffered an injury while traveling by foot, you reach out to a local attorney. The recoverable damages in pedestrian accidents could help you and your family move forward after such a devastating incident. Call our team to learn more.