New York City Personal Injury Law Blog

Aspects to Consider When You are a Pedestrian Accident Victim

Posted on Jun 3, 2014 in Pedestrian Accidents

On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP

Being hit by a car can be quite a traumatic experience and while a personal injury lawsuit might be the furthest thing on your mind, you can stand to gain a significant amount of compensation, especially if the driver was negligent, and you have suffered injuries. Here are some things you need to know when you have been a pedestrian accident victim.

Pedestrian-Accident-Victim-300x200One of the very first things that a pedestrian should consider is who is at fault for the accident that occurred.

Who Is To Blame?

One of the very first things that a pedestrian should consider is who is at fault for the accident that was caused. This is a major deciding factor in whether a personal injury lawsuit should be filed or not. Things to find out:

  • Was the driver speeding?
  • Did he run a red light?
  • Was he under the influence of drugs or alcohol?
  • Did the pedestrian wander into oncoming traffic when they were using their phone?
  • Could the accident have been avoided by either person?

In most states in the country, a personal injury lawsuit can only be recovered in, if the accident was partially the driver’s fault. It is unlikely for a pedestrian to be successful in filing for compensation in a personal injury lawsuit if they were texting on their mobile phone and then ventured into oncoming traffic. In such a case, the driver was unable to avoid contact and may not be held liable.

Pedestrian-Accident-Victims-300x225There are many different categories under which claims or damages can be filed under.

Damages in a Pedestrian Accident Case

Damages in a personal injury lawsuit are meant to compensate a person who is injured for all the harm that was caused during an accident. While it is very difficult to put a price on pain and suffering, the system does work in such a manner. There are many different categories under which claims or damages can be filed under, such as:

  • Lost wages (past and future)
  • Medical expenses (past and future)
  • Pain and suffering
  • Loss of enjoyment of life

The Factors that Influence a Settlement in a Pedestrian Accident Claim

  • How severe ones injuries are. Larger settlements are fetched by “hard” injuries.
  • How much of time the pedestrian has missed at work. Income that is lost is reimbursed.
  • The extent and nature of your medical treatment. Treatment imparted by non-physicians such as acupuncturists and chiropractors tends to carry less weight.
  • How your injuries have impacted your daily routine and life. It is not an everyday occurrence that you have to negotiate compensation for pain and suffering.
  • How likely it is that you will make a full recovery. Your settlement value can increase if you suffer any permanent or long term injury.
  • Any opportunities that are lost which might be attributed to your injuries.
  • How your injuries will impact your chances of earning a living in the future. The law might require you to be compensated for a lost future income if your injury prevents you from working at the same profession or productivity level.

Comments

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I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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