What Kind Of Damages Can I Claim As An Injured Pedestrian?

If you were a pedestrian and were struck by some type of vehicle, the injuries you suffered might range from mild to life-threatening. You might think it is an “open and shut case” that you are entitled to compensation for your injuries, but there are rules and regulations in each state and the District of Columbia (“DC”) that govern what, or even if, you may recover. For that reason, it is important for you to contact a skilled personal injury attorney as soon as possible to help you.

This article will give you a brief overview of what damages you might be able to recover as an injured pedestrian and how your attorney can guide you through this process.

Statutes of Limitations

The first thing to keep in mind is the statute of limitations for your state or DC. The clock usually starts running from the date you were injured. Even though you might not be hurting at the scene, you could discover an injury at a later date. That is why it is important to be seen by a doctor as soon as possible after your accident.

In Virginia, the statute of limitations is two (2) years. In Maryland and DC, the statute of limitations is three (3) years.

Types of Damages

The most obvious damage is physical, and this leads to several types of economic damages.

  • Immediate Medical Expenses: This includes the cost of care you receive immediately after the accident, such as emergency care, doctors, and hospital expenses.
  • Future Medical Expenses: You might also be able to recover any future expenses you might need, such as physical therapy, additional surgeries or procedures, and home health care.
  • Loss of Wages: If you cannot return to your job for a period of time, you could suffer serious financial difficulties. You are entitled to receive the money you would ordinarily be earning during the period of your recovery.
  • Future Wage Loss: You are also entitled to compensation for future earning ability if you cannot return to the type of work you were doing before your injury, or if you become totally disabled. If you are able to do another type of work, there may be an adjustment between your new earnings and your previous earnings.

There is another type of damage you might be entitled to, known as noneconomic damages.

  • Pain and Suffering: Not only are you hurting from your injuries, you cannot sleep at night, you’re worried about the bills piling up, you keep seeing that car coming at you, and your broken leg really hurts! All these things are a result of the accident but might be hard to put a price tag on. An experienced personal injury attorney can help quantify such non-economic injuries to make sure you get all the compensation you are entitled to.
  • Wrongful Death: Sadly, you might have lost a loved one in such a pedestrian accident. You may be entitled to recover funeral expenses, loss of income and support, and emotional distress.
  • Punitive Damages: To recover an award for punitive damages, you must show that the other party acted willfully and wantonly. A skilled personal injury attorney can guide you through this.

 Contributory Negligence and Caps

Remember those rules and regulations we mentioned above? Here are just a couple.

Maryland, Virginia, and DC are all contributory negligence jurisdictions. This means that if you were found to be at least partially responsible for your injuries, you would be unable to recover any damages. The other party’s attorneys will, of course, do anything in their power to prove that you contributed to the accident. We’ve successfully proven that such allegations are false and held the other party accountable for our clients’ injuries.

In Virginia, there is a cap on punitive damages. In Maryland, there is a cap on non-economic damages that increases by a certain amount each year. There are no caps on most types of damages in DC. Our attorneys are always up to date on the latest changes to these laws so we can get you all the compensation you are entitled to.

We Are Here To Help

At Jennifer Porter Law, we want our clients to focus on the most important thing: making a full and complete recovery from their injuries. We take care of the needs of the claim so our clients can focus on their self-healing.  Our focus is to provide you with compassionate and caring guidance so you can feel confident to move forward with your claim. We will advise you of your rights and options and explain the claim process to you at every step along the way. 

You need the time, space, and energy to focus on your recovery. At Jennifer Porter Law, we will manage your case so you can do exactly that. Call us at (571) 532-9070 or online for a free case evaluation. We’re happy to help.