Pedestrian accidents in Pennsylvania can lead to serious injuries and sometimes even death, affecting not only the injured person but also their family. If you or a loved one has been involved in such an accident, you may be entitled to compensation for various damages. These damages are crucial to help cover the financial, physical, and emotional toll the accident has caused. Understanding the types of damages that can be recovered in Pennsylvania pedestrian accident cases can guide you through the process of seeking justice.
Economic Damages
When you are injured in a pedestrian accident, the first category of damages you will likely seek is economic damages. These are the financial losses that have occurred due to the accident and can easily be calculated. They include medical expenses and lost wages, which are among the most common forms of compensation in personal injury claims. Medical expenses cover all the costs related to your treatment, from emergency room visits to surgeries and ongoing rehabilitation. These expenses can quickly add up, especially if the injury is severe, and Pennsylvania law allows you to recover compensation for both past and future medical costs.
If the accident forces you to miss work, you may also recover lost wages for the time you were unable to earn an income. This is especially important if your injuries prevent you from returning to work for an extended period or permanently affect your ability to do your job. In more serious cases, you may also be entitled to compensation for a decrease in your future earning capacity if your injury affects your ability to work long-term or at the same level as before the accident.
Additionally, property damage can be another economic damage. While pedestrians don’t usually face the same kind of property damage as drivers, you might be carrying personal items such as a phone or bag that were damaged in the accident. If this happens, you can seek compensation for the value of those items.
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Other out-of-pocket expenses can also be part of your recovery. These could include transportation costs to and from medical appointments, hiring someone to assist with daily tasks, or making modifications to your home if your injury leads to permanent disability.
Non-Economic Damages
In addition to the more tangible economic damages, there are non-economic damages, which aim to compensate you for the pain and suffering that the accident has caused. These damages are not as easy to calculate, but they are still a crucial part of any pedestrian accident case.
Pain and suffering is one of the most common non-economic damages, and it encompasses both physical and emotional pain. The physical pain refers to the discomfort, soreness, or even lifelong pain from broken bones, burns, or other injuries. The emotional toll can be just as significant, with many accident victims experiencing anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the accident. The severity of your injuries, as well as their long-term effects, will be taken into account when determining pain and suffering damages.
Loss of enjoyment of life is another important non-economic damage. If your injury prevents you from doing things you used to enjoy, like participating in sports or spending time with loved ones, you may be entitled to compensation for this loss. In severe cases, people lose their ability to carry out simple day-to-day activities, such as walking or driving, and this can be factored into your claim for non-economic damages.
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Emotional distress also plays a big role. Many people involved in pedestrian accidents struggle with long-term emotional consequences, which can include depression, anxiety, or ongoing stress. These emotional effects often require therapy and can greatly impact your overall quality of life. Compensation for emotional distress acknowledges the profound psychological impact the accident has had on your well-being.
Punitive Damages
In some cases, Pennsylvania courts may also award punitive damages. Unlike economic or non-economic damages, punitive damages are not intended to compensate the victim. Instead, they are meant to punish the responsible party for their extreme or reckless behavior and to deter others from engaging in similar conduct.
Punitive damages are typically awarded when the at-fault party’s actions are found to be grossly negligent or deliberately harmful. For example, if the driver who caused the accident was driving under the influence of alcohol or drugs, or if they were recklessly speeding through a pedestrian zone, the court might award punitive damages in addition to compensatory damages. The purpose of punitive damages is to send a message that such behavior will not be tolerated and to hold wrongdoers accountable for their actions.
Wrongful Death and Survival Claims
If the pedestrian accident results in the death of the victim, both wrongful death and survival claims may come into play. These claims allow the family members and loved ones of the deceased to seek compensation for their loss.
Verdicts & Settlements
A wrongful death claim can be filed by the personal representative of the deceased person’s estate. This claim seeks to compensate the family members for the emotional and financial losses they have experienced as a result of their loved one’s death. The survivors may be entitled to compensation for loss of companionship, guidance, and financial support that the deceased would have provided.
In addition to wrongful death claims, survival claims can also be filed. These claims seek compensation for damages that the victim would have been entitled to if they had survived the accident. This can include medical expenses and pain and suffering experienced by the victim before their death.
Factors Influencing the Amount of Damages
The amount of damages that can be recovered in a pedestrian accident case is influenced by several factors. These include the severity of your injuries, the level of negligence or fault of the responsible party, and the long-term impact of the accident on your life.
Under Pennsylvania’s comparative negligence rule, if you are partially at fault for the accident, your damages may be reduced proportionally based on your percentage of fault. For example, if you were jaywalking when the accident occurred, but the driver was speeding, the court might find that both parties share responsibility. If you are determined to be 20% at fault, your total damages would be reduced by 20%. Having an experienced personal injury attorney is crucial in ensuring that you receive fair compensation, as they can help prove the other party’s negligence and protect your interests.
If you have been involved in a pedestrian accident in Pennsylvania, you are likely facing significant challenges—physical, emotional, and financial. Fortunately, Pennsylvania law provides for the recovery of a variety of damages to help you through this difficult time. From covering medical bills to compensating for pain and suffering, you may be entitled to compensation for a wide range of losses. If you or a loved one has been injured in a pedestrian accident, it is important to consult with an experienced attorney to ensure that your rights are protected and that you receive the compensation you deserve. At McDonald At Law, we are here to help you navigate the legal process and fight for the justice you deserve.