Damages in Fort Worth Pedestrian Accident Cases
If a pedestrian is severely injured due to the negligence of another, they may be eligible to recover compensation for damages. Damages are meant to compensate the injured person in a personal injury lawsuit for all harm they suffered. Damages are meant to make a person whole again. Following a collision, it is best to seek help from an experienced pedestrian accident attorney. A skilled lawyer could help calculate damages in Fort Worth pedestrian accident cases.
Types of Recoverable Damages
There are multiple categories of damages that include:
- Medical expenses, both past, and future
- Lost wages, both past, and future
- Pain and suffering
- Loss of enjoyment of life
Medical expenses the pedestrian paid as a result of the accident are usually reimbursed as part of the damages in the suit. If the pedestrian misses work due to their injuries or to receive treatment for the injuries, the driver is responsible for any lost income.
Injured pedestrians may also be eligible to recover compensation for pain and suffering as well. It is up to the jury to determine the amount a pedestrian could recover following a crash. When a pedestrian suffers scrapes and bruises and a sore back for a week, their pain and suffering might be worth very little. If a pedestrian suffers a broken hip, a broken collarbone, and a severe concussion that results in permanent severe headaches and permanent severe pain in the neck and shoulder area, their pain and suffering might be worth hundreds of thousands of dollars.
Loss of normal life or loss of enjoyment refers to the negative impact on the injured person’s quality of life as a result of the accident. If an accident leads to the pedestrian being paralyzed from the waist down and the individual was an avid surfer and rock climber, the damages could be greater than if the injured person was not as active before the accident.
How Are Damages Calculated In Fort Worth Pedestrian Accident Cases?
The attorney calculates an amount they believe is a fair settlement for the damages the claimant suffered and tries to negotiate with the insurance carrier. However, if a settlement cannot be reached and the lawyer and insurance adjuster have two different amounts they think is a fair assessment of the damages, a jury is ultimately responsible for calculating the damages.
Key factors that influence the amount of a potential settlement include:
- The severity of the pedestrian’s injuries
- Time lost from work
- The nature and extent of medical treatment
- The impact of the injuries on the individuals’ daily life
- Prospects for a full recovery
- The absence or presence of clear fault for the accident
- Lost opportunities attributable to the person’s injuries
- Any impact the injuries has on their ability to earn a living in the future
Severe injuries tend to bring larger settlements. Lost income is reimbursed. Treatment by non-physicians like chiropractors and acupuncturists carries less weight. Compensation for pain and suffering is difficult to negotiate. When someone suffers long-term or permanent serious injury, the value of the claim goes up. When an injury prevents the individual from working at the same level, in the same profession, or at all, the law requires that they are compensated for lost future income.
How Are Punitive Damages Awarded?
Punitive damages may be awarded for various acts in a personal injury claim. An example of conduct that could result in punitive damages is behavior that is extremely dangerous and displays an extreme disregard for laws and statutes.
Punitive damages may be issued for injuries that are caused intentionally or result from negligence. When a person acts negligently, they should have known their acts could result in substantial harm, and they may be liable for punitive damages.
Retain the Services of a Pedestrian Accident Attorney
Calculating damages in Fort Worth pedestrian accident cases could be difficult to handle without legal help. Following a crash, it is best to retain the services of a seasoned pedestrian accident lawyer. With the help of an experienced attorney, injured pedestrians could seek compensation for damages including medical expenses, pain and suffering, as well as lost wages. Schedule a consultation today to discuss your case.