Amherst, NY Pedestrian Accident Lawyer
Individuals injured as pedestrians may be able to file lawsuits to recover compensatory damages in Amherst. At the very least, compensatory damages typically cover all economic losses stemming from an accident.
Accurate calculation of compensatory damages is important so that victims thoroughly understand the pros of filing a lawsuit after a pedestrian accident. Calculating economic damages involves adding up all financial losses, such as medical bills and lost wages. Estimating non-economic damages is a bit more complicated and requires the use of the per diem method or multiplier method. Calculation of punitive damages will be left to a judge or jury if your case goes to trial. If you were hurt by a motor vehicle, whether or not you can recover this compensation in a lawsuit will be based on the severity of your injuries. In all other pedestrian accidents, victims can sue, regardless of how serious their injuries are.
Call (718) 841-0083 to speak with our Amherst, NY pedestrian accident lawyers and schedule a free assessment of your case with The Carrion Law Firm.
Calculating Your Damages in an Amherst, NY Pedestrian Accident Case
When entering into a lawsuit, it is important that victims injured in pedestrian accidents understand the possible compensation available to them. Our pedestrian accident lawyers can carefully estimate the damages you should recover in your claim by using various calculation methods. Victims are typically eligible to claim economic and non-economic damages. Whether or not you will recover punitive damages will depend on your specific case.
Economic damages include any financial losses you have incurred because of a negligent party’s actions. There is no limit on recovery of economic damages for victims injured as pedestrians in Amherst. When calculating your economic damages, our attorneys will begin by starting with the largest financial impact on most victims: medical bills. This includes any medical treatment you have received and any medical treatment you still need to receive for your injuries. For medical costs you have yet to incur, our lawyers will refer to experts and your doctors for estimations. We will then add up any of your lost wages since the accident. Finally, we will consider additional out-of-pocket expenses, such as child care or transportation costs. Adding up all of these losses will give us a clear idea of the economic damages you should recover in your pedestrian accident claim.
Calculating non-economic damages requires a different process. To do this, our lawyers will use either the per diem or multiplier methods. The former involves applying a daily value to the pedestrian victim’s pain and suffering and multiplying that amount by the number of days the pedestrian victim will experience pain and suffering due to the defendant’s negligence. The multiplier method involves choosing a factor, typically a number between 1.5 and 5, depending on the severity of the victim’s injuries, and multiplying that number by the victim’s economic losses. These methods are used to calculate a pedestrian victim’s non-economic damages because these damages do not have an inherent monetary value. There is no limit on non-economic damages for victims hurt as pedestrians in Amherst. When victims settle instead of going to court, the chances of them recovering an appropriate amount of non-economic damages might drastically decrease.
Punitive damages are not recoverable in all pedestrian accident claims in Amherst. A pedestrian must have been the victim of gross negligence to be eligible to receive punitive damages. For example, punitive damages might be available if a negligent driver strikes a pedestrian while driving under the influence of drugs or alcohol. Similar to compensatory damages, punitive damages are not capped in New York. While there is no state-imposed limit on punitive damages, judges and juries typically follow a general guideline of ten times the awarded compensatory damages. This can give victims hurt as pedestrians an idea of the punitive damages they might recover in a lawsuit. Since punitive damages are awarded at trial, victims cannot recover them if they choose to settle a case out of court.
Personal Injury Protection Insurance and Pedestrian Accidents in Amherst, NY
Because New York has a no-fault insurance system regarding auto accidents, pedestrians hurt by negligent drivers might be affected. This could impact the way in which you recover compensation, depending on the injuries you sustain in an accident in Amherst.
Your personal injury protection insurance covers any injuries you sustain in an auto accident, up to a certain extent, even if you are hurt as a pedestrian. To get around New York’s no-fault system and file a lawsuit as a pedestrian injured in an auto accident, you will have to prove that your injuries are severe enough.
New York outlines its serious injury threshold in I.S.C. Law § 5102(d). Common injuries that enable victims to sue following a pedestrian accident involving a motor vehicle include spinal cord injuries, loss of a fetus, traumatic brain injuries, significant disfigurement, loss of limb, and internal injuries. To prove that your injuries are severe enough to warrant litigation, you must submit extensive medical records of your injuries. You might also need to submit statements from medical experts confirming your serious injuries and their expected impact on your life moving forward.
Your personal injury protection insurance will not limit your ability to sue if you were hurt as a pedestrian in a non-motor vehicle accident. For example, suppose you were walking by a construction site and were struck by a falling object. In that case, you could sue for compensation, no matter the extent of your physical injuries.
Regardless of the cause of your injuries, you will have three years to file a compensation claim after being harmed as a pedestrian in Amherst.
Call Our Amherst, NY Lawyers About Your Pedestrian Accident Case
To discuss your case for free with the pedestrian accident lawyers at The Carrion Law Firm, call (718) 841-0083 now.