When a pedestrian is involved in a crosswalk accident, the impact can be devastating. In addition to physical injuries, victims often face emotional trauma, lost wages, and significant medical expenses. As Pedestrian Crosswalk Accident Attorneys in Opelika, Alsobrook Law Group understands the many challenges pedestrian accident victims face. One of the most critical parts of any legal claim is determining what damages can be pursued. If you’ve been involved in a pedestrian crosswalk accident, it’s important to know what compensation you may be entitled to.
Below, we will break down the various types of damages that can be claimed in a pedestrian crosswalk accident case, helping you understand your rights and the potential compensation you can seek with the help of a qualified attorney.
Types of Damages in a Pedestrian Crosswalk Accident Case:
When you are injured in a pedestrian crosswalk accident, there are multiple types of damages that may apply to your case. These damages can be categorized into economic and non-economic damages, each addressing different aspects of your recovery.
1. Economic Damages
Economic damages are intended to compensate the victim for measurable financial losses directly related to the accident. These damages are often easier to quantify, as they involve specific costs incurred due to the accident.
❖ Medical Expenses
The most common economic damages in a pedestrian accident case are medical expenses. If you’ve been hit by a vehicle while crossing the street, chances are you’ll require immediate medical treatment. These expenses can include:
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- Emergency room visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy
❖ Rehabilitation costs
If the injury results in long-term treatment or care, you can also claim future medical costs. A Pedestrian Crosswalk Accident Attorney can help ensure that all past and future medical expenses are accounted for.
❖ Lost Wages
Another major form of economic damage is compensation for lost wages. If your injury has caused you to miss work, you are entitled to recover the wages you would have earned during that time. For those whose injuries are more severe, causing long-term disability, future lost wages may also be considered.
❖ Property Damage
In many pedestrian crosswalk accident cases, victims may also have personal property that is damaged during the collision, such as a cell phone, glasses, or clothing. These damages can be included in your claim.
2. Non-Economic Damages
Non-economic damages are intended to compensate the victim for the intangible harm they have suffered due to the accident. While these damages don’t have a specific dollar amount attached to them, they can still be significant.
❖ Pain and Suffering
Pain and suffering is one of the most common non-economic damages in a pedestrian crosswalk accident case. It compensates the victim for the physical pain and emotional distress they experience as a result of their injuries. This includes both the immediate pain from the injury and any ongoing pain that continues throughout recovery.
❖ Emotional Distress
Emotional distress damages can be claimed if the accident has caused psychological harm, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Pedestrian accidents can be especially traumatic because they often involve a direct and violent collision, leaving victims with emotional scars long after physical wounds have healed.
❖ Loss of Enjoyment of Life
If the injuries from a pedestrian crosswalk accident prevent you from participating in activities you once enjoyed, such as hobbies, exercise, or social events, you may be entitled to damages for loss of enjoyment of life. This can include a loss of physical abilities or a change in lifestyle due to permanent disabilities.
3. Punitive Damages
In some cases, punitive damages may be awarded. Unlike compensatory damages, which are meant to make the victim “whole” again, punitive damages are designed to punish the defendant for especially reckless or egregious behavior. For example, if the driver who hit you was under the influence of alcohol or drugs at the time of the accident, punitive damages may be awarded in addition to economic and non-economic damages.
Factors That Affect Your Claim for Damages
While the types of damages mentioned above are common in pedestrian crosswalk accident cases, the amount of compensation you can claim will depend on several factors:
1. Severity of Injuries
The more severe your injuries are, the higher the potential value of your claim. If your injuries are permanent, require ongoing treatment, or result in permanent disability, the damages you can claim will likely be higher.
2. Liability
If the driver who hit you was clearly at fault, it will be easier to prove your claim and recover compensation. However, if the case involves shared fault (for example, if you were not using the crosswalk properly), your damages may be reduced. Working with an experienced Pedestrian Crosswalk Accident Attorney can help establish liability and ensure that you receive fair compensation.
3. Insurance Coverage
The amount of available insurance coverage can play a significant role in your ability to recover damages. It is important to investigate both the driver’s insurance and any other potential coverage sources, such as your own uninsured/underinsured motorist coverage.
How a Pedestrian Crosswalk Accident Attorney Can Help You
Navigating the legal process after a pedestrian crosswalk accident can be overwhelming, especially when you’re dealing with medical treatments and recovery. An experienced Pedestrian Crosswalk Accident Attorney can guide you through the process and ensure you receive the full compensation you deserve.
❖ Case Evaluation
A qualified attorney can evaluate the facts of your case, determine the types of damages you may be entitled to, and offer guidance on the best course of action. They can also identify key evidence, such as medical records, eyewitness testimonies, and accident reports, to build a strong case on your behalf.
❖ Negotiation with Insurance Companies
Insurance companies often attempt to settle claims quickly, offering much less than the victim deserves. A skilled attorney can negotiate with the insurance companies to ensure that your settlement covers all of your expenses and losses.
❖ Representation in Court
If your case cannot be resolved through negotiation, your attorney can represent you in court. They will present the evidence, argue your case, and advocate for the maximum compensation possible.
Contact Alsobrook Law Group Today
If you or a loved one has been involved in a pedestrian crosswalk accident, it’s important to understand your legal rights and the damages you may be entitled to. The Pedestrian Crosswalk Accident Attorneys at Alsobrook Law Group are here to provide the support and guidance you need during this challenging time.
Call us today at 334.737.3718 to schedule a free consultation, and let us help you secure the compensation you deserve.
Alsobrook Law Group – Your trusted legal advocates in Opelika.
