Following a pedestrian accident, you may be unsure what your options are. Fortunately, you have the legal right to seek compensation from the party responsible for your injuries. Recovering damages in Gwinnett County pedestrian accidents could be made easier with the help of a well-practiced attorney.
Types of Damages in a Pedestrian Accident
The goal of damages is to make an injured pedestrian whole again through financial compensation. A plaintiff may be eligible to seek economic, noneconomic, and punitive damages following a pedestrian accident.
Economic damages compensate an injured party for any out-of-pocket expenses they faced following an accident. This may include medical bills, lost wages, and costs of home modifications should the injuries require it. In addition, if the claimant requires future medical treatment, physical therapy, or is permanently unable to work, a skilled attorney could help calculate those future expenses and include them in the civil claim.
These damages aim to compensate an injured party for the physical and emotional trauma they suffered from an accident. Since a pedestrian who was struck by a vehicle could face catastrophic injuries, these damages could be substantial. They may include compensation for pain and suffering, decreased quality of life, and loss of companionship.
Punitive damages are reserved for cases where a defendant’s behavior is especially egregious. For example, if a driver was operating their vehicle while under the influence of alcohol and they strike a pedestrian as a result, a court may award an individual additional compensation. Punitive damages are intended to punish the defendant rather than make a plaintiff whole.
How Are Damages Calculated?
In Gwinnett County, there is no cap on damages in pedestrian accident cases. Economic damages are easily quantifiable as they are concrete, monetary values. A skilled attorney could gather and add up any bills relating to the plaintiff’s injuries.
In terms of lost wages, an attorney could determine whether an individual is temporarily or permanently unable to work and calculate the wages lost by referencing a plaintiff’s salary and bonuses. If somebody is self-employed, a lawyer would look at the individual’s tax returns for the past three to five years and quantify their potential compensation this way.
Unlike economic damages, emotional losses are not as easily calculated. As these losses are subjective, retaining a lawyer experienced with calculating damages in pedestrian accident claims is vital. They have the knowledge and experience to ensure a plaintiff is sufficiently compensated.
Punitive damages are reserved for malicious and intentional behavior on the part of the driver. A jury usually decides these damages, but the parties can agree on an amount as well.
Statute of Limitations in Gwinnett County
If a plaintiff fails to file a claim before the legal deadline expires, they could be permanently barred from receiving compensation. In Gwinnett County, a pedestrian accident claimant has two years from the date of the incident to file a claim for damages. If a minor is involved, that statute runs until their 18th birthday.
A Pedestrian Accident Attorney Could Help You Recover Damages in Gwinnett County
If you were struck by a vehicle while walking down the street, you could be facing serious physical and emotional trauma, along with unexpected financial burdens. You deserve to be compensated for these losses by the negligent party. A lawyer could help you with recovering damages in Gwinnett County pedestrian accidents. Schedule a consultation today to get started.