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March 1, 2016

I was hit by a car while walking- what damages am I entitled to?

PA hit by a car

In pedestrian car accident cases, the type of damages the pedestrian is entitled to will usually fall into one of four categories:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of normal life

    Now, let’s consider each of these categories in turn.

1.Medical Expenses

This category of damages is probably the most simple. In the event that a negligent driver hits a pedestrian, the driver should pay for any of the pedestrian’s medical expenses that may arise.

2.Lost Wages

The driver must compensate a pedestrian for any days the pedestrian may have missed from work as a result of the injuries sustained. Again, these damages might be higher or lower depending on who the pedestrian is.

3.Pain and Suffering

Damages for pain and suffering are generally pretty speculative, and, as a result, have no clear answer regarding the dollar amount that can be assigned to them. Courts, however, attempt to define damages for pain and suffering by awarding them as a part of the personal injury lawsuit.

4.Loss of Normal Life

These damages are also pretty speculative, and can best be explained by the following example: consider that a 32-year-old parent is hit by a car while crossing the street and as a result, is paralyzed from the waist down. Imagine that this parent was very active and participated in many outdoor activities such as hiking, fishing and coached soccer. Now, the parent is no longer able to engage in these activities with his or her children as a result of the car accident. The question then becomes whether the driver should have to compensate the parent for the change in lifestyle? If so, how much compensation is appropriate?

Such damages are referred to as “loss of normal life” or “loss of enjoyment” and can vary depending on who the pedestrian is and their quality of life before the accident. The exact amount would be up to a jury to decide.

What next?

If you are injured as the result of a pedestrian car accident, and the driver is at fault for the accident, the driver will likely be responsible for the accident. At that point, you can pursue a third party claim, where the injured pedestrian can initiate an injury claim with the driver’s car insurance carrier. This is usually the first step towards receiving compensation for your injuries and lost wages, and can include things such as medical bills, lost income, and general damages such as pain and suffering.

What will I get?

Most of the time, insurance claims result in an injury settlement following a series of negotiations. This is why it is important to have an experienced personal injury lawyer advocating for you. For instance, in some cases, if settlement talks are not leading to a fair agreement, you may need to file a lawsuit and take the matter to civil court.

If you are a pedestrian who was injured in a car accident, and have any questions about your legal rights, you may want to discuss your options with a car accident lawyer.

Representing pedestrian car accident victims requires a team of aggressive investigators and lawyers all devoting their maximum effort to their clients. At The Levin Firm, our Pennsylvania and New Jersey personal injury attorneys investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.

If you have suffered injury in a Philadelphia auto accident, your main concern should always be on your physical and mental recovery and you should not have to constantly worry about your legal case. For this reason, we make certain to regularly communicate with clients and will keep you up to date on any new developments in your case. We provide careful attention to each individual auto accident case and will always zealously advocate on your behalf. If you have suffered injury, please do not hesitate to call 877-825-8542 to schedule a free consultation with the experienced Philadelphia car accident lawyers at The Levin Firm today.

Sources

1. http://www.alllaw.com/articles/nolo/auto-accident/legal-options-hit-by-car-while-walking.html

2. http://www.levininjuryfirm.com/practice-areas/automobile-accidents/pedestrian-car-accidents/

3. http://www.alllaw.com/articles/nolo/auto-accident/damages-pedestrian-car-accident-case.htmlexpect.html

4. http://www.alllaw.com/articles/nolo/auto-accident/tips-protect-legal-claim-after-car-accident.html

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