What is the Compensation for a Pedestrian Hit by a Car in Philadelphia?
Compensation for pedestrians hit by cars in Philadelphia varies. That said, recovery for medical bills, lost wages, and pain and suffering is often possible when victims go to court.
If a pedestrian is hit by a car in Philadelphia, they can expect to recover compensation for several types of damages, such as medical bills, lost wages, and out-of-pocket expenses. Because victims in these situations often sustain serious injuries, they may be able to recover compensation for non-economic damages as well. Punitive damages may also be available depending on an at-fault party’s conduct. Calculating expected compensation requires the use of complicated formulas, especially when calculating damages for pain and suffering. Full compensation for all losses may be available when victims sue negligent drivers and go to court instead of settling in Philadelphia.
To set up a free and confidential case review with our Philadelphia car accident attorneys, call The Reiff Law Firm today at (215) 709-6940.
Compensable Damages for Pedestrians Hit by Cars in Philadelphia
After a pedestrian is hit by a car in Philadelphia, they are likely to sustain various damages that require compensation. Generally, those damages include medical bills, lost wages, out-of-pocket expenses, and pain and suffering.
Getting struck by a car as a pedestrian may result in serious injuries. Common injuries in these types of accidents include traumatic brain injuries, spinal cord injuries, and even death. Typically, serious injuries require expensive medical treatment, which can be compensated for in a lawsuit against a negligent driver in Philadelphia.
When recovering from injuries sustained by being struck by a negligent driver as a pedestrian, a victim may be unable to work for some time. Suppose their inability to return to work and earn an income is caused by a negligent driver’s actions. In that case, a victim may recover compensation for current and future lost wages.
In the aftermath of a car accident involving an injured pedestrian, a victim may incur diverse out-of-pocket expenses. Compensation for out-of-pocket expenses can vary and a victim’s damages are not always obviously connected to an accident. Because of that, it is crucial that victims seek help from our West Chester car accident attorneys to identify financial losses outside of medical bills and lost wages. A common out-of-pocket expense for victims is child care, if a victim cannot care for their children because of their injuries.
Pain and Suffering
Notably, victims in Philadelphia can often recover compensation for non-economic damages after being struck by a car as a pedestrian. This includes recovery for pain and suffering, such as depression, anxiety, or other emotional difficulties a victim might experience following an accident. There is no limit to the compensation car accident victims can recover for pain and suffering in Philadelphia.
While not considered compensable damages, victims can sometimes recover punitive damages after being hit by a car. These damages are used to punish drivers or other at-fault parties that acted with gross negligence or intentional malice when injuring a victim in Philadelphia.
What is the Equation to Calculate Compensation for a Pedestrian Hit by a Car in Philadelphia?
Because compensation for pedestrians struck by cars includes economic and non-economic damages, different equations are used to calculate a victims’ expected recovery.
To determine the amount you deserve to recover in economic damages, our attorneys will tally up all financial losses due to an accident. This entails compiling all of your medical bills and records of lost wages. If you have other out-of-pocket expenses, those will be added up to calculate the full amount of economic damages you should recover.
Calculating compensation for pain and suffering is more challenging. To do this, we will use either the per diem method or the multiplier method. The former involves determining a rate, typically based on a victim’s wages, and attributing that amount to each day a victim experiences pain and suffering. The multiplier method uses a multiplier, typically a number between 1.5 and five, and multiplies that by the economic damages a victim expects to recover. Proper calculation of anticipated compensation is crucial so that victims can recover damages for all losses related to an accident, economic or non-economic.
How Can Pedestrians Hit by Cars in Philadelphia Recover Compensation for Damages?
Typically, the best way for pedestrians hit by cars in Philadelphia to recover sufficient compensation is by filing a lawsuit and going to court. Settling a case might result in lesser compensation for victims.
While suing a negligent driver often results in greater damages for victims, this is not an option in every case. Based on the type of insurance you have and the injuries you sustained, our attorneys can determine whether or not you can sue. Your car insurance may impact your ability to file a lawsuit, even if a negligent driver strikes you as a pedestrian in Philadelphia.
Going to court often allows victims to claim greater damages than settling. This is because settling a case out of court requires concessions on both sides. A defendant might be unwilling to compensate you fully for non-economic damages in a settlement. When victims go to trial, their case will be in front of a judge or jury, who may be more sympathetic to their situation and award them the full amount they deserve in all areas. Punitive damages are only available when victims go to court in Philadelphia.
Recovering compensation in a lawsuit after being hit by a car as a pedestrian is only possible if you file within the statute of limitations. In Philadelphia, the deadline to bring a case is two years from the date of injury.
Contact Our Philadelphia Lawyers About Your Car Accident Lawsuit Today
To schedule a free and confidential case review with our Philadelphia personal injury attorneys, call The Reiff Law Firm today at (215) 709-6940.