How Much Money Can You Get from Getting Hit by a Car as a Pedestrian in New York City?
New York City is the very definition of a bustling metropolis. The streets are constantly full of drivers and pedestrians making their way around the city. Unfortunately, cars and pedestrians sometimes cross paths in the worst way possible. When a pedestrian is struck by a car, they can hold the driver liable and get compensation for their injuries. How much money a case is worth is often an injured pedestrian’s first question.
In general, the more serious your injuries are, the more money you could get from a liable driver. The value of a case depends on the injuries inflicted upon the pedestrian, the behavior of the defendant, and how far either party is willing to go to prove their side of the case. However, you should definitely discuss the specifics of your case with an attorney.
If you were hit by a car as a pedestrian, your injuries could be quite severe. Our New York City car accident lawyers can help you figure out how much money you need to cover your damages. The legal team at The Carrion Law Firm is waiting to help you. Call us at (718) 841-0083 for a free legal consultation.
Calculating Damages After Getting Hit by a Car in New York City
While pinning down a precise number is difficult, you can get an idea of how much your case is worth by estimating your possible compensatory damages. Compensatory damages are awarded to put a plaintiff in the same financial position they were in before the accident. However, certain compensatory damages are not monetary but may still be compensated with money. Our Bronx car accident lawyers have handled pedestrian accidents before and can help you assess your damages.
Economic damages include those with a price or value attached. Medical bills and the cost to replace lost property are both economic damages. These damages are easier to assess because the value is objective and can be determined by looking at bills, invoices, and money spent to cover the loss. Even lost income from being unable to return to work after an accident may be included in economic damages.
Non-economic damages are not connected to a predetermined price or value and are open to interpretation. An injured pedestrian’s pain and suffering are considered part of your non-economic damages because it deserves compensation but does not necessarily cost the injured victim any money. The more deeply your pain and suffering affect your life, the greater your non-economic damages may be.
While some damages come with a price tag and others do not, the concept of damages is open to arguments from both parties. While we argue that you deserve more money, the defendant will argue that you deserve less or none at all. Our team will help you prepare solid arguments for damages, so you get the money you need.
Punitive Damages for Getting Hit by a Car as a Pedestrian in New York City
Another significant factor to consider when estimating how much money your case is worth is punitive damages. Punitive damages are not designed to repay an injured plaintiff for their losses. Instead, these damages are awarded to punish the defendant for their wrongdoing. Punitive damages are not always available in every state, and many states impose strict caps and limits. However, New York allows punitive damages under specific circumstances without any caps.
Punitive damages are permitted in the State of New York when the defendant’s actions are particularly malicious or egregious. The defendant must behave in a way that demonstrates moral turpitude. Cases with punitive damages tend to involve behavior by a defendant that is downright shocking. Punitive damages are rarely awarded because this is a high burden to meet. Most negligence cases do not meet the standard for punitive damages.
In a car accident case with a pedestrian, you might argue for punitive damages if you believe the defendant hit you with their car on purpose. You could also argue for punitive damages if the defendant was driving so negligently that their actions were outrageous or morally reprehensible. If you are awarded punitive damages, there is no cap in New York. As a result, punitive damages awards can be extremely high in some cases.
Comparative Negligence and Damages After Getting Hit by a Car as a Pedestrian in New York City
The amount of money you can get for your accident may also change if you were also negligent. According to C.V.P. Law § 1411, New York follows a pure comparative negligence rule. Under this rule, a plaintiff’s damages will be reduced in proportion to their own fault. As such, if you are found to be 30% negligent, the money you are awarded will be reduced by 30%.
Unlike other states, New York does not bar you from recovery if you are partially at fault. It does not matter if you are 10% negligent or 90% negligent. As long as you are not 100% at fault, you can still recover damages. However, the more negligent you were, the less likely you are to succeed. If you share a high degree of blame for the accident, a court might not rule in your favor.
Our Brooklyn car accident attorneys can help you determine if you share any fault for your accident. For example, crossing the street when you do not have the right of way may make you partially responsible for your injuries. Our team can help you argue that you do not share any blame for the accident or that your share of the blame is minimal at most.
Call Our New York City Car Accident Attorneys
If you were struck by a car as a pedestrian, you deserve to have your damages and other expenses covered by the responsible driver. Our Queens car accident attorneys are available to discuss your case in a free legal consultation. Call The Carrion Law Firm at (718) 841-0083 to get help as soon as possible.