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.
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.
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.