Damages In A Pedestrian Accident Case

Pedestrian accidents happen for a number of reasons. While pedestrians are not always innocent, and they can have a fault in the accident, in most cases, the vehicle driver did not yield when they were required to or did not see the walker in front of them. When this is the case, you should start considering filing for pedestrian accident damages. 

If you were walking on the streets or crossing the road and a vehicle hit and injured you, you deserve compensation. A vehicle is not supposed to hit you purposefully, even if you cross the road at a red light. The driver must stop their vehicle and let you cross the road. If you believe you have a case, speak to an attorney today. 

Recoverable damages in a pedestrian accident case 

The recoverable damages in a pedestrian accident case are usually economic and non-economic. Economic damages are the ones that have a dollar value and can be calculated using facts. For example, medical bills, lost wages, loss of future earnings, etc. 

On the other hand, non-economic damages are those which do not have a fixed dollar value, nor is there a legal formula to calculate those. For example, mental anguish, emotional distress, depression, PTSD, etc. 

Your attorney will calculate the non-economic damages based on your suffering and demand the amount. If the case is settled, you receive the amount you decided. If the case does not settle, it goes to court, and the jury decides the amount. 

Compensation for punitive damages

Punitive damages are very different from other damages. Punitive damages are designed to punish the liable party and teach them a lesson for their mistake and also to deter others from conducting the same activity. However, punitive damages are only awarded to individuals where the defendant’s actions are particularly egregious. 

For example, punitive damages may be warranted when there has been an involvement of drugs and alcohol. 

What is the deadline to file a pedestrian claim in New York?

The statute of limitations to file a pedestrian accident claim in New York is three years from the date of the accident. This is the deadline within which all claimants must file their case. You must either settle your case within this period or file a lawsuit. Failure to do this can bar you from recovering any compensation at all. 

To avoid missing the statute of limitations, you must get in touch with an attorney immediately after being in a car accident. That being said, it is best to retain the services of an experienced attorney.