Pedestrian accidents can result in extensive losses due to serious traumatic injuries. The best way to know the damages you can claim and the value of your case is to consult with Austin pedestrian accident lawyers.
When it comes to being on the road, pedestrians are at just as much of a risk as a driver or passenger of a vehicle. However, a pedestrian does not have the structural protections that drivers and passengers of motor vehicles do. According to the National Highway Traffic Safety Administration (NHTSA), there were 6,283 pedestrian deaths in 2018.
When pedestrians are injured by motor vehicles, they can often file a claim against the driver’s insurance to prove that the driver acted negligently, which caused the accident. The claim process can be challenging, however, so you want to seek help from an experienced Austin pedestrian accident lawyer if you suffered injuries.
In these accidents, a pedestrian can claim damages that they have suffered because of the accident. Compensation comes in two forms after being in an accident – a settlement after negotiation of an insurance claim or a court award after winning a lawsuit.
There are two main categories when discussing damages suffered in an accident – special damages and general damages. Special damages are the damages that compensate the plaintiff for quantifiable monetary losses. To prove special damages, there is a matter of gathering receipts, bills, and other documents that show the actual costs of what damages have been incurred.
General damages are the opposite, as they are the non-compensatory damages that can include pain and suffering and emotional distress. Proving general damages is more difficult than proving special damages because there is no objective way to measure your suffering.
After you have been injured in an accident, you can claim several types of damages. In the special damages category, you can claim:
As general damages, you can claim:
Other damages that can be claimed are for wrongful death. If a pedestrian is killed, the family of the pedestrian can sue for wrongful death. The rules for this vary from state to state, but most of the time, the spouse or the children can receive compensation. Things that the surviving family can receive compensation for is:
If you have been injured in an accident, the Austin pedestrian accident lawyers at Terry & Kelly, PLLC, can help. Please contact our office online or call (512)-910-2000 for a free consultation.
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