In most car accidents, focus will be on placing fault on the negligent party, or the careless party responsible for causing the accident. Some car accidents result in injury, with the injured party usually seeking compensation for his or her injures. However, what damages can actually be covered in an accident claim?
When a driver hits a pedestrian and as a result injures the pedestrian, it’s expected that the driver is responsible for paying for the pedestrian’s injuries. Sometimes it is possible, however, for complications to arise regarding what actual injuries should be covered. For example, say an elderly person crossing a sidewalk gets hits by a driver, the impact minimal enough to merely knock the elder over. If the elderly person suffered minimal injury and was of average health, he or she could have possible walked away from the accident unscathed. However, if the elder has a heart attack as a result of shock from the accident, would the drive be liable as well for this heart attack? In most cases, the answer would be yes, because the distracted driver’s negligence results in the accident, the fall, and the heart attack. The driver would be liable for all the elder’s injuries caused by the accident.
As a result of getting hit in an accident, a pedestrian could miss out on days of work and essential wages for their living expenses. If liability is placed on the driver regarding the accident, the driver can be found responsible for paying for the pedestrian’s lost wages. The cost could be high or low dependent on the patient’s recovery time. For example, say a woman in an accident sustains a concussion. She may be out of work a week, and that week of missed wages will have to be paid for by the driver. However, if this same pedestrian sustains an even more serious injury, like a broken back, her months of recovery out of work could cost the driver a pretty penny in lost wages.
One of the more controversial types of damage, it’s hard to place a price on pain and suffering. There isn’t a certainty of how much money covers months of misery or years of suffering through injuries. The driver, if found liable for causing pain and suffering because they struck a pedestrian, can still be found responsible and pay damages. It will be up to the court to decide whether to award and how much to award for pain and suffering damages. Calculations will be dependent on the severity of the injuries sustained in the crash.
If you’ve been struck by a negligent driver and are seeking compensation, contact an injury attorney as soon as possible. The experienced accident lawyers at Lampert and Walsh, LLC are prepared to get you the justice you deserve for your pain and suffering.