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When a person is struck by a car, there is a strong likelihood that they will have to contend with expensive medical treatment bills in order to properly recover. The amount of money they must spend – as well as the intangible effects of their injury and recovery – are referred to as damages. A steadfast pedestrian accident attorney could help you determine the amount of damages in a Cicero pedestrian accident case that you should ask for.
If a pedestrian is injured in an accident, and it is the fault of the motorist, they are entitled to compensation for their damages. There are a couple different categories of damages that are involved. First, economic damages include those losses which are easy to calculate. Economic damages include medical bills, as well as lost wages, therapy costs, or any other expense that has a finite dollar value attached to it. An injured pedestrian is also entitled to non-economic damages. These can include pain and suffering, as well as disability and other emotional or social losses that stem from an accident. There is no easy way to calculate a number for non-economic damages. In some states, there is a limit as to how much money a pedestrian can recover for non-economic damages. However, there is no cap or limit for pedestrian accident damages in Cicero.
In some cases, a pedestrian may be entitled to punitive damages, which are designed to punish the defendant and to discourage that conduct by others. In most pedestrian accident cases, however, punitive damages will not be available.
In order to be entitled to punitive damages, a lawyer must prove that the driver acted in reckless disregard for the safety of the pedestrian. This standard is higher than mere negligence and sometimes rises to the level of intentionally striking someone. Occasionally, if the driver is intoxicated and strikes a pedestrian, punitive damages could be available.
There is no formula to determine the value of all injuries. In order to recover damages following a pedestrian accident, a plaintiff and their lawyer must first establish liability. Once liability is clear, a lawyer can begin the calculation of damages. The severity of the injuries will also dictate the size of the damages recoverable. The more serious the injuries, the larger the recovery will be from the at-fault party.
Many cases are settled out of court, and even those cases which go to court often settle before a final decision-maker hears the evidence. However, if a case does not settle, a jury or a judge will make the final determination as to the amount of compensation that a person will receive. If a case settles prior to this point, it is a matter of negotiation between the injured party’s lawyer and the insurance company.
An experienced lawyer in Cicero is in the best position to advise a pedestrian as to what damages may be recoverable in their particular situation. They could advise a pedestrian as to all possible sources of recovery, as well as what amounts are typical.
There is no formula to determine the overall value of a pedestrian accident case and every case is different when it comes to what could be recoverable. However, a lawyer has the background necessary to provide advice with regards to any monetary recovery. They use their experience with other similar cases as a basis for what kinds of damages to pursue. For a pedestrian who does not have this experience, they might overvalue or undervalue their injuries, and their case could suffer as a result.
Seeking compensation is not as simple as showing your hospital bill to a judge. There are multiple losses that you need to account for and the defendant’s team will try to bring that number down as much as possible. Call now to learn about available damages in Cicero pedestrian accident cases.