After a pedestrian accident, the compensation you may be entitled to depends on the severity of your injuries, the circumstances surrounding the accident, and the laws of the state where the incident occurred. Typically, victims can pursue compensation for several categories of damages, which are designed to help cover the financial, physical, and emotional toll of the accident.
Medical expenses are one of the most common forms of compensation, and this can include not only the immediate emergency care but also long-term treatment costs, such as surgery, physical therapy, and medications. This may also include future medical expenses if your injuries require ongoing care.
Lost wages are another common type of compensation. If your injuries prevent you from working, you may be entitled to recover the income you lost during your recovery period. In cases where you cannot return to work in the same capacity due to long-term or permanent disability, you may be able to recover future lost earnings.
Pain and suffering is another type of compensation available, which is meant to cover the physical pain, emotional distress, and diminished quality of life caused by the accident. This can include emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD), that often result from serious pedestrian accidents.
Depending on the state and the specifics of your case, you may also be entitled to punitive damages. These are awarded in rare cases when the defendant’s actions were particularly reckless or malicious, such as driving under the influence of alcohol or drugs. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future.
Other potential damages could include property damage (if any personal property, such as a phone or clothing, was damaged during the accident) and emotional distress related to the trauma of the incident. In cases where the pedestrian was a victim of a hit-and-run accident, there may be additional compensation available through uninsured or underinsured motorist coverage, depending on the insurance policies in place.
In some states, the amount of compensation you can recover may be reduced if you are partially at fault for the accident. States like California follow a pure comparative negligence rule, meaning that you can recover damages even if you share some responsibility for the accident, but the amount will be reduced according to your degree of fault. Other states, such as Texas and Florida, use modified comparative negligence, where you can still recover damages as long as you are less than 51% at fault.
It’s important to remember that the specific circumstances of the accident, such as the severity of your injuries, the defendant’s level of responsibility, and the applicable state laws, will impact the total compensation you can receive.
