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Possible Damages from Pedestrian Accidents

Posted by Trent Kelly on March 22, 2021
Possible Damages from Pedestrian Accidents

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. 

Categories of Damages

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. 

What Damages Can You Claim?

After you have been injured in an accident, you can claim several types of damages. In the special damages category, you can claim:

  • Medical costs: these are extremely important to your injury claim. You must request copies of all of your medical bills and records that occurred after the accident for you to properly document your costs. Documents can include ambulance services, hospital and ER charges, chiropractic treatment, lab tests, x-rays, CT scans, etc.
  • Lost Income: Lost income is all the earnings lost as a result of the accident. To claim this, you must have a letter from your employer that explains in detail the hours you lost and the total amount of money you lost from not being able to work. Your employer can also verify other lost opportunities. 
  • Out of pocket expenses: These out-of-pocket expenses include all of the other costs related to your accident and your injury. This can include medications, medical items such as bandages and wheelchairs, gas and parking when traveling to appointments, and other costs you would not have if you were not injured. 

As general damages, you can claim: 

  • Pain and suffering: This includes the real pain and severe discomfort endured at the time of the accident. Pain and suffering also depend on the type and duration of the injury. The more pain you endure in the present and the future, the higher your compensation will be. 
  • Loss of enjoyment: You can make a monetary claim for your loss of present and future enjoyment of everyday activities, including hobbies, daily exercise, etc. Compensation for the loss of enjoyment depends on the value you can place on activities you are unable to enjoy both in the present and the future.

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:

  • Emotional distress, and grief
  • Loss of services 
  • Loss of financial support

Contact Austin Pedestrian Accident Lawyers for Help

If you have been injured in an accident, the Austin pedestrian accident lawyers at TK Injury Lawyers, can help. Please contact our office online or call (512)-910-2000 for a free consultation.

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