As you may have figured out, every pedestrian accident is unique and must be examined by a professional on an individual basis to determine what the case is potentially worth.
We can break down the calculation amount of a claim by breaking down the case into two separate parts:
- What damages did the pedestrian suffer?
- What percentage is the victim at fault for the accident?
Damages can include the following:
- Medical Expenses: Damages for medical expenses include the costs of both past and future medical care and rehabilitation costs. Future costs are calculated by having professional estimate the medical needs for the rest of the pedestrian accident victims’ life expectancy.
- Lost Wages: A victim may recover wages lost while recovering from an injury as well as any lost earning capacity (lost Future earnings). This means the money you could have made in the future but are no longer able to because of the pedestrian accident injuries and disabilities sustained. This can be a difficult to calculate in some cases but a jury will determine how much you would have made and cannot anymore because of the accident.
- Pain and Suffering: Damages for pain and suffering include compensation for the actual physical pain a victim has endured. The amount of actual physical pain you will continue to suffer from your injuries will also be considered.
- Mental Anguish: This is an attempt to put a monetary value on the mental pain and emotional trauma you have suffered. Emotional distress is a commonly used term and is defined as the frustration, fear, anger and loss of enjoyment of life associated with suffering from a debilitating injury. An accident victim can be inflicted with continued grief, shock, stress, fright, humiliation, and embarrassment among other things and should be properly compensated for these things.
- Loss of Consortium: Spouses or family members of the injury victim can receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations. Loss of consortium is common when a wrongful death occurs.
Liability
The percentage you are at fault for an accident will determine the amount of compensation you can receive. This is one of the many reasons why it’s important to have an experienced personal injury lawyer representing you. Insurance companies will do everything in their power to reduce your claim. It doesn’t matter if who they are representing is 110% at fault and changed your life forever you are just a number to them. A skilled personal injury lawyer will fight tooth and nail to get you the maximum compensation you deserve.
The Nagelberg Bernard Law Group has been fighting for the rights of pedestrian accident victims for over 30 years. We understand the ins and outs of California insurance laws and will help you and your loved ones through these tough times.
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