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’s an ‘open-and-shut case’ in Northern Virginia, but Virginia law controls what you can recover and how you prove it. Small details, such as timing, fault, and proof of damages, can determine the outcome of a claim, making early consultation with a Northern Virginia personal injury lawyer critical.
At Jennifer Porter Law, PLLC, our Fairfax pedestrian accident attorneys understand the physical, emotional, and financial toll a pedestrian accident can take. We are dedicated to guiding you through the legal process of claiming compensation, including the important steps to take after a pedestrian car accident and addressing concerns about the cost to hire a pedestrian accident attorney, so that you can concentrate on your recovery. Our team can handle every aspect of your case, from calculating damages to negotiating with insurance companies. Contact us today at (571) 532-9070 to schedule a consultation.
Statute of Limitations
The clock usually starts running from the date you were injured. Even though you might not be hurt 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, most personal injury claims, including pedestrian-accident cases, must be filed within two years of the date the cause of action accrues. Waiting past that deadline generally bars the claim.
The most obvious damage is physical, and this leads to several types of economic damages.
Types of 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.
- Property Damages: This encompasses compensation for any tangible items that are destroyed or damaged in the accident. For instance, if you were struck by a vehicle and your electronic devices such as a laptop or smartphone are ruined, you can claim costs for replacements or repairs.
There is another type of damage you might be entitled to, known as non-economic 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.
- Inconvenience: This reflects the broader impact of an injury on a victim’s daily life. It covers the disruption and extra effort needed to manage day-to-day tasks, which might include additional time spent on medical visits or an inability to engage in family activities or hobbies. Compensation for inconvenience accounts for both the immediate and ongoing challenges you face following the accident.
- Disfigurement and Humiliation: This covers compensation for the emotional and psychological distress associated with visible scars or lost limbs. If you have endured the social stigma and personal embarrassment as a result of your altered appearance, your claim can account for the profound impact that physical changes have had on your self-esteem and social interactions.
- 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.
Each of these types of damages reflects a different aspect of the harm suffered by victims, and understanding these categories helps clarify what compensation may be pursued in Northern Virginia. Working with a knowledgeable attorney can be invaluable in seeking the full scope of your losses following an accident. Contact Jennifer Porter Law, PLLC today to speak with an experienced Fairfax pedestrian accident attorney.
| Type of Damage | Description | Examples / Notes |
|---|---|---|
| Immediate Medical Expenses | Costs for medical treatment received immediately after the accident. | Includes emergency care, doctors, and hospital expenses. |
| Future Medical Expenses | Compensation for ongoing or future medical needs. | May include physical therapy, additional surgeries, or home health care. |
| Loss of Wages | Compensation for income lost during recovery. | Applies if you cannot return to work temporarily. |
| Future Wage Loss | Covers reduced earning capacity due to lasting injury or disability. | Adjustment may be made between pre- and post-injury earnings. |
| Property Damages | Compensation for damaged or destroyed personal items. | Includes vehicles, laptops, smartphones, or other valuables. |
Loss of Consortium and Loss of Enjoyment of Life
Loss of consortium and loss of enjoyment of life describe very different harms you can claim after a Fairfax pedestrian crash. Loss of consortium is about the impact your injuries have on your marriage or close family relationships. Virginia does not recognize a separate loss-of-consortium claim when the injured spouse survives. If a pedestrian is killed, the wrongful death statute allows recovery of ‘sorrow, mental anguish, and solace,’ which may include the society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
Loss of enjoyment of life focuses on you. It measures how your injuries limit the activities that bring you purpose or joy, like walking your kids to school or simply sleeping without pain. In Virginia personal-injury cases, loss of enjoyment of life is typically considered within non-economic damages (pain, suffering, inconvenience, and life-impact evidence) proved through medical records, daily-life documentation, and lay witness testimony.
A Fairfax pedestrian accident attorney can help identify and articulate what changed in your life and build detailed support for each change. That may include statements from friends and family, photos and videos showing before and after, treatment notes from your providers, and work records reflecting reduced duties or missed time. Our team may also recommend keeping a simple daily journal to track pain levels, sleep disruption, and missed activities. With organized evidence and a clear story, you can pursue compensation that reflects what you lost. Do not wait to act.
Fairfax Pedestrian Accident Attorneys – Jennifer Porter Law, PLLC
Jennifer Porter
With more than 25 years of experience, Jennifer Porter has dedicated her career to helping injury victims rebuild their lives after devastating pedestrian and personal injury accidents. Known for her compassionate yet results-driven approach, she provides informed, thorough, and strategic representation, always with her clients’ best interests at heart.
Before founding her firm, Jennifer gained invaluable insight into insurance defense while serving as house counsel for Progressive Insurance and representing several major national carriers. This experience gives her clients a distinct advantage when negotiating with insurers or presenting cases in court. Recognized as a Super Lawyer and AV Preeminent-rated attorney, Jennifer combines her extensive trial background, empathy, and tenacity to secure maximum compensation for those she represents.
Contributory Negligence and Caps
Remember those rules and regulations we mentioned above? Here are just a couple.
Virginia applies pure contributory negligence. Under this doctrine, if you are even 1% at fault, your recovery can be barred. 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, punitive damages are capped at $350,000 total per case. Compensatory categories like medical bills, lost income, and pain and suffering are not capped in typical Virginia pedestrian-injury cases.
Securing Rightful Compensation With the Help of Jennifer Porter Law, PLLC
At Jennifer Porter Law, PLLC, we want our clients to focus on the most important thing: making a full and complete recovery from their injuries. Our pedestrian accident attorneys in Fairfax take care of the legal aspects of the claim so our clients can focus on their self-healing. Our focus is to provide compassionate and caring guidance so you can feel confident to move forward with your claim. We can clarify your rights, legal options, and the processes involved at every step along the way.
If you are in Northern Virginia needing the time, space, and energy to focus on your recovery, our team of experienced Fairfax pedestrian accident attorneys can manage your case so you can do exactly that. Call us today at (571) 532-9070 or online for a free case evaluation. We’re happy to help.
