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If a pedestrian is injured in an accident as the result of driver’s negligence, the pedestrian may be entitled to such damages. Compensatory damages are designed to restore the pedestrian’s quality of life after an accident. The types of damages available for injured pedestrians can vary from case to case. The most common types of recoverable damages in a pedestrian accident case include payment for medical bills, reimbursement of lost wages, and payment for pain and suffering. It is important for an experienced pedestrian accident attorney to document all of your losses to help your case.
There are two categories of damages available to those who have been injured in an accident including economic damages and non-economic damages.
Economic damages have a calculable number associated with them. These could include medical bills, lost earning capacity, costs of rehabilitation, surgery expenses, and lost wages for any time they missed from work because of their injuries.
Non-economic damages do not have a specific monetary value. There is no precise formula for calculating non-economic damages. These numbers vary on a case-by-case basis, and it may be up to a jury to decide how much to award the injured claimant for non-economic damages. These could include pain and suffering, loss of enjoyment of life, mental anguish, loss of companionship, and loss of consortium. A knowledgeable attorney could help injured claimants determine the type of recoverable damages they may be eligible to recover.
Punitive damages are designed to punish the defendant and deter others from such conduct. In pedestrian accident cases, punitive damages are not typically awarded, though there may be cases wherein the actions of the defendant are so egregious that punitive damages are warranted.
A jury would be responsible for calculating the damages to be awarded to an injured plaintiff. However, most pedestrian accident cases settle prior to a jury trial. Every pedestrian accident case has the potential to be heard before a jury of 12 individuals from the community.
The amount of damages that a pedestrian is entitled to is a matter of negotiations between the pedestrian’s lawyer and the insurance company’s lawyer. There are no formulas to determine how much compensation will be received. The amount of damages that an injured pedestrian receives often depends on the experience of their experienced lawyer.
There is deadline or statute of limitations in which all injured claimants must file their personal injury claims. The statute of limitations is a time period in which a pedestrian must either settle their case or file a lawsuit. Failure to do so within the statute of limitations can bar the pedestrian from any recovery.
The statute of limitations following an Oak Lawn pedestrian accident is typically two years from the date of the accident unless the driver is a municipality employee, in which case the statute of limitations may be shorter. To avoid missing the statute of limitations, an injured pedestrian should contact a knowledgeable attorney as soon as possible to protect their rights.
Following a pedestrian accident, it is best to retain the services of an experienced attorney. A pedestrian accident lawyer could investigate your accident and calculate all of your damages. With the help of skilled attorney, you may be eligible to recover compensation that covers the full value of your injuries. Schedule a consultation today to learn about the various types of recoverable damages in Oak Lawn pedestrian accident cases.