A pedestrian accident can leave a victim with catastrophic injuries. If you or a loved one was recently struck by a vehicle, you are likely facing thousands in medical bills, considerable pain and suffering, and possibly even weeks or months off work. If another party’s negligence caused your accident, you can — and should — hold it liable for your injuries. A pedestrian accident lawyer in Fairfax can help.
How Can I Recover Compensation After a Pedestrian Accident?
In many cases, the driver who hit you will be responsible for any injuries and accident costs you suffered. However, we cannot simply accuse the driver of negligence. We must prove it. Proving negligence requires establishing:
- Duty: Drivers have a duty to drive safely.
- Breach: The driver in question breached that duty.
- Causation: This breach caused your accident and injuries.
- Damages: You sustained physical, emotional, or financial injuries.
For example, you were crossing inside a crosswalk when a driver turned left against oncoming traffic and hit you. The driver had a duty to check for both vehicles and pedestrians before turning left. He breached that duty by failing to accurately survey the area. When the driver hit you, you sustained a spinal cord injury and two broken bones. You needed medical treatment and had to take months off work to recover.
To establish the elements of negligence, Jim Parrish and his Fairfax pedestrian accident lawyers will need to gather evidence. It might include:
- Police report
- Eyewitness testimony
- Expert testimony
- Surveillance footage
- Photos of the scene
- Medical records
Get Everything You Are Entitled to After a Pedestrian Accident in Fairfax
The insurance company measures your losses as “damages.” When you meet with a pedestrian accident lawyer from Parrish Law Firm, PLLC to discuss your accident in Fairfax, VA, a pedestrian accident attorney will address the type of damages you can recover. In the meantime, however, here is a summary of the most commonly sought and awarded damages following a pedestrian accident:
Both physical and emotional injuries fall under this category. Medical bills can become astronomical very quickly after a pedestrian accident. While some victims can make a full recovery, others must deal with permanent injuries. Your medical expenses are not only those that you incurred in the past, but also those that you are likely to incur in the future within a reasonable degree of medical certainty.
In many cases, a physician will need to testify as to the nature and extent of your injuries. A physician will also need to provide a prognosis that establishes how long it will take you to reach maximum medical improvement and what type of care you will require down the road.
You may also require assistive devices. These can range from crutches to modifying your home to accommodate your disability.
If you have received care from a mental health counselor or therapist, you can include those fees as well. This type of care is common to treat lingering effects of trauma or deal with depression that may accompany physical limitations.
Accident victims often face a cruel irony: while expenses increase, income might decrease due to an inability to work. Hospitalization, doctor visits, or physical incapacity while you recover at home can prevent you from earning your usual income.
If your injuries are permanent, you may never return to the same level of income you had before. Lost earnings and loss of future income are categories of damages that require careful calculation. In some cases, a forensic economist may be necessary to explain to an insurance company or to a jury the extent of these losses. For example, loss of work may directly relate to other sources of income such as one’s Social Security record or 401(k) earnings.
Pain and Suffering
Unlike other damages, it is not possible to determine a value for “pain and suffering” from bills or records. (For this reason, courts refer to pain and suffering as “general” or “noneconomic” damages. Emotional distress also belongs in this category.) Instead, Jim might interview you or your loved ones to determine how your injuries have affected you.
You may also be entitled to compensation for inconvenience. This refers to the disruption to your life that the accident forced upon you. You may have missed formerly enjoyable hobbies or opportunities to participate in activities with your family. A Fairfax pedestrian accident lawyer will also consider these factors and pursue these damages with the same vigor as your economic damages.
Fairfax Pedestrian Accident Lawyer Near Me 571-229-1800
Our Pedestrian Accident Lawyers Have What It Takes to Win Your Case
Determining whether you have hired the “right” pedestrian accident attorney to handle your case can be difficult. Part of what distinguishes the Parrish Law Firm, PLLC from other personal injury attorneys is Jim Parrish’s vast experience as a former liability insurance defense lawyer. Jim and his team use this information from inside the insurance industry to their clients’ advantage.
Jim has also won awards for trial advocacy and client service. When you are working with the Parrish Law Firm, PLLC, your case will receive the attention it deserves and needs.
We encourage you to schedule a free case review to experience our award-winning service for yourself. Let the Parrish Law Firm, PLLC help you. Contact us now.