Should I Be Asking for Both Economic and Non-Economic Damages for My Pedestrian Accident?
You never expect it to happen to you. One minute, you are walking down the sidewalk, minding your own business. Next, your life is turned upside down by a negligent driver who struck you with their vehicle. After a pedestrian accident, you may be facing extensive medical bills, lost wages from time off work, and immense physical and emotional pain. When pursuing a legal claim against the at-fault party, it is critical to seek full compensation for ALL of your losses – both economic and non-economic. As experienced pedestrian accident attorneys, we at Kosnett Law Firm are here to help you understand the different types of damages available and fight for the maximum compensation you are owed.
What are Economic Damages?
Economic damages encompass the direct financial losses caused by your pedestrian accident. Some common examples include:
- Medical expenses for emergency treatment, hospitalization, surgery, medication, physical therapy, and more
- Future medical costs for ongoing care related to your injuries
- Lost income from missing work while recovering
- Reduced future earning capacity if you sustain disabling injuries
- Property damage, such as broken eyeglasses, a damaged watch, torn clothing, etc.
These tangible losses are generally straightforward to calculate by adding up medical bills, pay stubs, repair estimates, and other documentation. However, the at-fault party’s insurance company will still look for any reason to minimize your claim. This is why it is so important to have an attorney handling your case who can compile evidence of the full extent of your economic damages and negotiate for an appropriate settlement.
Non-Economic Damages
In addition to the direct financial impact, being struck by a vehicle can also result in substantial physical and emotional repercussions that are more difficult to quantify. These are referred to as non-economic damages, which may include:
- Physical pain and suffering
- Mental and emotional anguish
- Post-traumatic stress disorder (PTSD)
- Scarring and disfigurement
- Permanent impairment or disability
- Loss of enjoyment of life
- Loss of consortium (harm to your relationship with your spouse)
While non-economic damages are very real and valid, the insurance company is likely to push back against these losses since there is no precise dollar amount attached to them. Insurers may try to argue that your pain is not that severe or that your emotional distress is an overreaction. Do not let these tactics prevent you from seeking the full compensation you deserve. Our skilled attorneys know how to gather compelling documentation of non-economic damages, including pictures of your injuries, journal entries describing your pain, and testimony from medical experts and mental health professionals. We will fight to hold the negligent driver accountable for all the ways the accident has impacted your life.
Pursuing Punitive Damages in Extreme Cases
While rare, in some cases involving particularly egregious negligence or intentional misconduct, you may also be able to pursue punitive damages. Rather than being awarded to compensate the victim, punitive damages are meant to punish the wrongdoer and send a message that their behavior is unacceptable. Punitive damages might be available if your pedestrian accident involved a hit and run, an extremely intoxicated driver, or road rage. If the evidence suggests that punitive damages may be warranted in your case, we will not hesitate to seek this additional form of recovery.
Maximizing Your Compensation
Pedestrian accident claims are complex. The insurance company has teams of adjusters and attorneys looking out for their bottom line. To level the playing field and achieve the best possible outcome, you need an experienced personal injury lawyer in your corner who is deeply knowledgeable about the applicable laws and can craft a persuasive case for maximum damages. At Kosnett Law Firm, we have a proven track record of securing full and fair compensation for injured pedestrians and their families. We take a personalized approach to every case, getting to know the client and understanding the many ways their injuries have impacted their life. Armed with this insight, along with our extensive experience and aggressive advocacy, we are well-equipped to pursue the entire spectrum of damages on your behalf.
The Time to Act is Now
If you have been injured in a pedestrian accident, do not delay in seeking legal representation. There are strict filing deadlines for these claims, and valuable evidence can be lost or destroyed as time passes. We will fight for your right to comprehensive economic and non-economic damages. We offer free initial consultations, and there are no fees unless we recover compensation for you. Contact us today to learn more about how we can help you seek justice.
