Walking and biking around town is a great way to travel while also getting exercise. There are many benefits to exploring other forms of transportation, but Nassau has seen an alarming rise in pedestrian accidents in recent years. This awful increase is due to a variety of factors, including the prevalence of smartphones, bad driving habits, and growth in the number of cars, trucks, and motorcycles using the road with pedestrians.
Unlike car accidents, pedestrian accidents almost always result in catastrophic injuries and sometimes even death. In addition to their injuries, victims must deal with expensive medical costs, lost income, and long recovery periods. That doesn’t even include the psychological damages of experiencing such a terrible event. You may be able to secure compensation for these losses with help from a knowledgeable pedestrian accident lawyer.
How to Estimate the Settlement Value for a Pedestrian Accident
The size of your settlement is based on your overall losses, which can include both economic and non-economic damages. Economic damages have an exact monetary value, while non-economic damages require knowledge and research to quantify monetarily, which can be challenging.
An experienced pedestrian accident lawyer may be able to factor in all of your current and future losses to create an estimate of your settlement’s value. This estimate would include losses you’ve incurred from the following:
- Doctor’s appointments
- Prescription costs
- Physical therapy
- PTSD treatment
- Travel costs
- Pain and suffering
- Loss of consortium
- Lost wages
- Reduced earning potential
The losses that are included in your settlements will vary depending on the specific details of your case. Many pedestrian accident victims overlook how deeply the incident has affected them while seeking to assess the value of their case. When calculating your potential payout, an experienced pedestrian accident attorney can walk you through all the current and future costs you need to take into account.
Wrongful Death Claims for Nassau County Pedestrian Accident Victims
Someone else may bring a wrongful death claim on the victim’s behalf if a pedestrian accident results in death. In New York, only specific family members are eligible to file a wrongful death claim.
Such a lawsuit could be brought by the personal representative of the estate as well as the spouse, kids, or parents of the deceased person if they did not name a personal representative. Unless they are also the estate’s personal representative or the deceased person’s guardian, siblings do not have the right to bring a wrongful lawsuit.
A pedestrian accident personal injury claim may be eligible for both economic and non-economic losses in terms of damages. A New York wrongful death lawsuit may seek the following damages or compensation:
- The victim’s accident-related medical care
- Costs of burial and funeral
- Loss of the victim’s financial assistance to their family
- Loss of companionship
- The victim’s pain and suffering
Suppose the case proceeds to trial and the defendant is found to have engaged in excessively negligent behavior, such as driving under the influence. In that case, a jury may decide to impose punitive damages. These damages are granted to penalize the defendant further, and the plaintiff must demonstrate that the defendant behaved negligently to receive this type of compensation.
How Can a Nassau County Pedestrian Accident Attorney Help Me?
While the cause of your pedestrian accident may be evident to you, it is wise to thoroughly review the particulars of each case to identify other parties who may be accountable for your damages. One of the numerous benefits of hiring a pedestrian accident attorney is the ability to investigate your case further to identify responsible parties.
Legal professionals are well aware that victims of pedestrian accidents must obtain full compensation to cover all losses, including present and future expenses for medical care and lost wages. To precisely determine the scope of your damages and your maximum compensation, you should consider retaining the services of an experienced pedestrian accident attorney.
They can arbitrate discussions between you, the insurance provider, and other accident participants. Additionally, they are adept at defending you against attempts to assign responsibility for your wounds and other losses. Securing total compensation as soon as possible is crucial when you’re attempting to put your life back together after an accident. You can achieve this while having less to worry about if you hire a proficient pedestrian accident attorney.
Comparative Negligence in Nassau County Pedestrian Accidents
There are often several parties at fault when auto accidents occur, including those that involve pedestrians. Let’s say you were distracted by your phone or were jaywalking at the moment of the collision. In a situation like this, you would be assigned a percentage of fault for your accident. Attributing a portion of fault to multiple parties involved in an accident, including the plaintiff, is possible due to the comparative negligence rule.
Pure comparative negligence is the standard that applies to personal injury claims in New York. If you are primarily at fault, you may still receive compensation, but the amount will be reduced by the proportion of your fault. Economic and non-economic damages are diminished in proportion to any contributory negligence attributable to the plaintiff.
Consult a Reputable Nassau County Pedestrian Accident Attorney for Legal Guidance
Even if you follow safety recommendations, it’s still possible for you to be involved in a pedestrian accident, and it might not be enough to get you justice. One of the most efficient methods to hold a negligent driver accountable for the harm they have caused is to obtain compensation with the aid of an experienced attorney.
The New York personal injury lawyers at the Law Office of Cohen & Jaffe, LLP assist accident victims in a variety of ways. With their team of New York personal injury attorneys, Stephen Cohen and Richard Jaffe have extensive experience in managing cases and personal injury claims for clients. Since they take personal injury claims seriously, they give each client the time and attention they require. To arrange your free consultation, call (866) 924-1787 or fill out a contact form.
For a free legal consultation with a lawyer serving Nassau County, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.