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” in Northern Virginia that you are entitled to compensation for your injuries. However, 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.
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 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.
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.
- 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 |
|---|---|
| Immediate Medical Expenses | Covers costs of initial treatment and emergency care following the accident. |
| Future Medical Expenses | Includes anticipated costs for ongoing treatment and rehabilitation. |
| Loss of Wages | Compensation for income lost due to inability to work during recovery. |
| Future Wage Loss | Reflects diminished earning potential if unable to resume previous employment. |
| Property Damages | Reimbursement for personal property damaged in the accident. |
| Pain and Suffering | Non-economic compensation for physical and emotional distress. |
| Inconvenience | Accounts for the impact on daily life and added effort due to injuries. |
| Disfigurement and Humiliation | Covers the psychological impact of visible physical changes. |
| Wrongful Death | Applies to cases where a loved one has died as a result of the accident. |
| Punitive Damages | Imposed to punish and deter willful or reckless behavior by the responsible party. |
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.
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 attorneys in Fairfax can take care of the needs 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.
