How much should you ask for pain and suffering in a pedestrian accident?
The number of pedestrians killed by cars is at an all-time high. According to the National Highway Traffic Safety Administration, 4,375 pedestrians died in 2013, with 66,000 pedestrians injured in traffic accidents. In the case of an accident involving an individual and a vehicle, injuries are inevitable. Pedestrians are vulnerable, which means they often experience traumatizing injuries. This means that a victim undergoes a lot of pain and has to foot many medical bills in the process. Here’s what you should do if you’re involved in a pedestrian crossing accident in Austin:
Immediately after the accident
If you are a victim of a pedestrian crossing accident, you are required to first:
- Call the police
- Take photographs of the scene – may include the injuries and the car that hit you
- Get witness names if possible
- Call your insurance company
- Find a lawyer if you do not have one.
If you are in pain, you should seek medical attention right away. Shock or excitement can coat symptoms of severe injuries like internal bleeding or brain trauma. Delaying medical treatment can undermine your claim. Insurance companies often jump at the chance to deny victims compensation and may attempt to argue that your injuries are from somewhere else.
Who is liable in a pedestrian accident?
Pedestrian crossing injuries in Austin are usually severe and can be expensive to deal with financially. As a pedestrian, you deserve fair compensation from the driver for your medical bills and pain and suffering. However, before the driver’s insurance company pays, you have to prove that the driver was at fault and caused your injuries. Therefore, it’s imperative that you find an experienced personal injury attorney to advocate for you in your time of need.
When determining how much compensation you’re going to receive, the severity of the accident plays a considerable role. Some of the other factors taken into consideration include:
- The severity of the injuries
- The impact the accident has had and will have on your quality of life
- Your health status before the accident
- Your age
- Any expenses or losses incurred
These factors show why compensation amounts can differ drastically. In the end, it’s all about ensuring that you get a good payout for the hardship you have gone through.
What damages can I claim for in a Pedestrian Crossing Accident?
There are two different sections considered when calculating the number of damages awarded, and these are:
Special damages - which cover any financial aspect of that the claim may warrant. Special damages ensure that the victim is compensated for any expenses incurred because of the accident, such as:
- Travel expenses
- Prescription costs
- Medical care rehabilitation
- Loss of earning
- Home adaptation
General damages - These include the injury and its severity. General damages also cover the amount of pain and suffering. However, a medical examiner’s report will help you calculate the final compensation amount.
Make your claim today
Determining liability often comes down to arguments over the right of way, lines of sight and the dynamics of the collision. As a victim, you are required to have appropriate representation to ensure that you are paid the full amount that the offending party owes you.
If you or a loved one is involved in a pedestrian accident, the attorneys at Robert Littlefield Bufford III, Attorney at Law are always glad to help. Our years of experience as Austin Pedestrian Accident Lawyers can help with your situation. Call us today for a free and confidential consultation. We promise to get you the compensation you deserve.