Traffic in New York is notoriously bad. The stereotypical NYC driver has little care for other motorists, and should another driver get in their way, it is likely to be followed by hurling obscenities or shaking a fist out of the car window. Pedestrians can be seriously injured if caught in the path of drivers who are not careful enough.
Our attorneys are ready to assist you with legal action after you were hit by a motor vehicle. We can provide expert representation in court to give you the best chance possible of recovering damages for your injuries.
The Carrion Law Firm has pedestrian accident lawyers ready to discuss your case at (718) 841-0083.
The Statute of Limitations for a Brookhaven, NY Pedestrian Accident
If you do not file your lawsuit within a set amount of time, you will be prevented from recovering any damages. This is called the statute of limitations. In New York, the statute of limitations for personal injury lawsuits is three years per C.V.P. Law § 214. For wrongful death claims, the time limit is two years.
Sometimes, the statute of limitations can be extended beyond the standard two-year period. For example, C.V.P. Law § 214-A mandates that if you are filing a medical malpractice claim for the treatment of injuries you sustained in a pedestrian accident, you have two years and six months from discovering the malpractice to file your lawsuit.
It is imperative that you speak to our pedestrian accident lawyers right away so that the statutory period does not run out.
Comparative Fault in Brookhaven, NY Pedestrian Accidents
New York is a “pure comparative fault” state. In a comparative state, defendants pay damages in proportion to their responsibility for the accident. For example, a defendant who was 80% responsible for an accident will pay only 80% of what a 100% responsible defendant would pay.
While one of the benefits of comparative fault systems is that a plaintiff can always recover something unless they were 100% responsible for the accident, it does mean that a likely strategy of the defense will be to try and diminish their responsibility for their injuries while playing up your carelessness. Do not give opposing counsel or insurance material to let them reduce your recovery. Do not say statements like “I made a mistake” or “I messed up,” as those phrases could be used as admissions of fault. Also, make sure your lawyer is present whenever you interact with the other party’s lawyer or an insurance company.
Damages from a Brookhaven, NY, Pedestrian Accident
If you are successful in your lawsuit or settle with the other party, you could be compensated for a number of things. Damages are often split into a few different categories. Economic damages and non-economic damages are generally related to the injuries you have suffered, while punitive damages – if awarded – are meant to reprimand the defendant for their behavior. Below are some of the things you could be awarded damages for in a pedestrian accident lawsuit:
Medical Expenses
Bills for hospital stays and the cost of surgeries, physical therapy, and other medical treatment are among the most common damages awards in a pedestrian accident lawsuit.
Medical expenses fall under the umbrella of what is called economic damages. Economic damages are damages that have an easier-to-quantify monetary value than other damages. This is because they tend to have a bill or receipt associated with them.
Lost Wages or Earning Potential
If your injuries make it so that you can no longer do the job you used to before the accident, you can be compensated for that in court. The court will consider what you might have been able to earn had you not been injured if you had to take a less lucrative position because of your injuries or if you had to quit your job entirely.
Pain and Suffering
Damages for pain and suffering are harder to quantify than damages for medical expenses or property damage. It is tough to put a dollar value on how much a broken bone hurts or how much dealing with chronic pain is worth. Your lawyer will have to argue to the jury what the pain and suffering in your pedestrian accident is worth.
Lost Enjoyment of Life
Lost enjoyment of life is similar to lost earning potential, but instead of compensating you for your inability to work as you once did, the court considers your ability to do everyday tasks and recreational activities.
For example, suppose you were an avid long-distance runner, but an accident leaves you paralyzed from the waist down so you can no longer do that activity. The court might be persuaded to compensate you for the fact that you cannot participate in activities you once could.
Wrongful Death
Unfortunately, car accidents can be fatal. This is especially true when pedestrians are hit since they do not have the safety of a vehicle to protect them. If you are bringing a lawsuit on behalf of a deceased loved one, you could be awarded damages for loss of companionship or future potential earnings of the deceased.
Punitive Damages
Punitive damages are a special form of damages that are not necessarily based on the injuries you received. Punitive damages are designed to punish particularly bad conduct by defendants. Judges mete them out when they want to dissuade people from doing what the defendant did.
Courts do not always award punitive damages. Some states cap how much money can be awarded as punitive damages, but New York does not.
Call Our Brookhaven, NY Lawyers Today to Discuss Your Case
Reach out to the Carrion Law Firm at (718) 841-0083 for a free case review with our pedestrian accident lawyers.