Once you are able to prove that someone else was responsible for the accident, the question turns to what you are entitled to receive as compensation. As far as that is concerned, you are entitled to compensation for any damages that were caused by the accident. Though this sounds straightforward, it often is very nuanced and can require a skillful pedestrian accident attorney to get the full value.
The first category of damages is called special or economic damages. These are essentially your out of pocket losses and include items like medical expenses, lost earnings, and lost earning capacity. They are items that can be determined by referenced to documentation like medical bills, paystubs and earnings records. It is important to gather the evidence and documentation that not only proves the amount of these damages, but also just importantly, proves that the damages were the result of the accident and not some other cause.
In pedestrian accidents, because the pedestrian does not have a vehicle to protect himself or herself, the injuries can often be far more severe than in auto vs. auto accident. Although soft tissue injuries like sprains and strains, contusions, cuts, and bruises occur regularly, pedestrians are also at increased risk for more severe injuries like:
- Broken bones
- Spinal injuries
- Torn ligaments
- Traumatic brain injuries
- Wrongful death
When you have an injury that is severe, it is more important than ever to have an injury attorney representing you to make sure you get all the compensation to which you are entitled.
The second category of damages is called general or non-economic damages. There are not as easy to calculate because there is no documentation which states their amount. Rather, they compensate for pain and suffering, loss of enjoyment of life, disfigurement, impairment, inconvenience, grief, anxiety, humiliation and emotional distress. Again, having a talented accident attorney on your side can help make the case for the severity of your general damages.