What Damages Can Be Recovered in a Pedestrian Accident?

Pedestrian accident victims can file a claim against the at-fault party for any losses they can document. These losses are called damages. The objective of this process is to make the victim whole, requiring the at-fault party or their insurance company to pay for all of the physical, financial, and emotional losses a person experiences due to the negligence of others.

It is always the responsibility of the victim to seek damages and prove their value, and you should do so with the help of a pedestrian accident lawyer in Lexington, GA from Gary C. Johnson Attorneys at Law P.S.C. Call us for a free case evaluation at (859) 268-4300 and speak with a legal professional today.

Economic Losses in a Pedestrian Accident

One form of damages a pedestrian accident victim can seek is economic losses. These are losses clearly documented by some type of evidence, such as a receipt. They are direct and clear losses. Examples of pedestrian accident economic losses include:

• Emergency medical care at the scene of the accident
• All related medical costs including hospitalization, surgery costs, therapy, follow-up care, and rehabilitation costs
• Costs for medical equipment, in-home modifications, vehicle modifications
• Out-of-pocket costs for medical care, support, or other needs directly related to the accident
• Loss of income including recovery of all wages, benefits, bonuses, and other funds you did not receive because of your injuries or time missed at work
• Loss of your earning capacity, common in situations where long-term recovery keeps you out of work for some time or in cases of permanent disability

Accuracy for economic damages is important. Having proof of what you suffered makes it hard for the insurance company to limit the amount of compensation paid to you. Many victims of serious accidents like these do not track all of their losses. In a pedestrian accident, you could have a range of costs associated with the ongoing recovery you could claim. Your professional injury attorney in Lexington will help you calculate these losses.

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Non-Economic Damages in a Pedestrian Accident

Many of the losses you have are harder to put a value on because there is no simple receipt to document what those losses are. These are non-economic losses. They are more subjective in terms of calculating value. It can be hard to put a value on these losses simply, but your attorney will use methods approved by the state’s laws. Examples of these non-economic losses include:

• Pain and suffering, including the pain, discomfort, and limitations you have due to the accident
• Emotional distress and mental health implications, including the onset of depression, anxiety, and post-traumatic stress disorders
• Loss of companionship or the inability to maintain relationships
• Loss of enjoyment of life
• Loss of quality of life
• Scarring and disfigurement-related losses

These damages can be substantial. Their value is often dependent on the severity of your injuries and losses, and their impact on your life.

Punitive Damages

Under Kentucky’s punitive damages law, victims may recover damages if the party responsible for the pedestrian accident demonstrated gross negligence. One example of when this may apply is in situations where the driver who struck you was intoxicated. In these situations, the court awards these funds as a punishment against the at-fault party to encourage them not to engage in those behaviors again.

Seeking Legal Support Matters

You can recover any damages you can prove stem from a pedestrian accident caused by another person or business. The process can be complicated, which is why it is so important to work with a pedestrian accident lawyer in Kentucky before filing a claim. Schedule a free consultation with Gary C. Johnson Attorneys at Law P.S.C. today.