The types of compensation available after a pedestrian accident in West Palm Beach generally include economic and non-economic losses. Economic damages are intended to help make you financially whole again after an injury. In contrast, non-economic damages compensate for intangible, subjective losses, you encountered. Those might include the following:
You are entitled to reimbursement for treating your accident-related injuries. Common examples include emergency services, surgeries, hospitalizations, doctor visits, prescription medications, physical and rehabilitative therapy, in-home care, and any other current and ongoing medical care. As a result, victims must keep copies of all medical records, bills, invoices, prescription receipts, and other relevant documentation to keep track of expenses.
After a pedestrian accident, you will likely require some time off from work to recover. Lost wages provide compensation for any current and future income and benefits you have lost due to your injury. If you suffered a permanent disability, you may be able to claim diminished earning capacity if you are forced into a different line of work or unable to earn the same level of income. A pedestrian accident lawyer may use pay stubs, W-2s, tax returns, income statements, a forensic accountant, or expert testimony to estimate these losses.
If any of your property was damaged by the accident (e.g., cell phone, laptop, purse, backpack, clothing, etc.), you can recover compensation for its repair or replacement.
Pain and Suffering
Pain and suffering is a type of non-economic damages because it is compensation for subjective losses. Those losses include the physical pain a pedestrian accident victim has endured due to their injuries, as well as emotional distress. Some victims may suffer from chronic pain, permanent impairments, depression, anxiety, insomnia, loss of enjoyment of life, and more. To recover compensation for pain and suffering, your attorney will likely hire a medical expert to testify to the extent of your injury and ask family or friends to testify about how your injuries impact your life and the effect on your physical and mental health.
Loss of Consortium
When a victim’s life is dramatically changed, their spouse may be able to pursue a loss of consortium claim for the loss of companionship, services (e.g., performing household chores, caring for children, etc.), affection and love, support, and guidance, and sexual relationship.
Punitive damages are not awarded in every pedestrian accident case. Instead, they are intended to punish a defendant (at-fault driver) who acted with a complete and reckless disregard for the safety of others and to deter similar conduct from others.