Whenever we hear about an accident where a pedestrian is injured because of being hit by a motor vehicle accident, bicycle accident, or a combination of the two, it almost always conjures up images of the helpless victim and the damage that will have to be done. While the victim’s injury may need immediate medical attention, many of the long-term or recurring physical problems resulting from pedestrian injuries can make their lives much more difficult. The importance of hiring a qualified bicycle accident lawyer Marietta becomes more obvious when you consider that your health could potentially be affected by not getting the proper compensation for your injuries.
To file your claim, you need to hire legal counsel from an attorney based in the city and county where the incident occurred. This will ensure that the claim is filed properly and you receive the maximum amount of damages. Personal injury lawyers Marietta are experts in the area of tort law. Tort law allows the injured party to seek damages for pain and suffering, loss of work wages, physical disability, and all out-of-pocket expenses incurred due to the accident. An attorney will know exactly what laws are in place to protect you in this area of the law. It is important that you retain the services of a qualified personal injury attorney who is experienced in personal injury claims like yours.
The pedestrian injuries lawyer Marietta reviews all of the details of an accident and presents all of the medical evidence and witness testimony. If your loved one were to get hit by a car or street cleaner, they wouldn’t be able to sue for damages unless there was a medical problem with them at the time. In many cases, the only time any legal action can be pursued is if the injury was the result of negligence.
The first thing the lawyer does is assess the severity of the situation. This would include looking at the size of the damages and whether or not the person who was hit has insurance. The next thing that needs to be determined is whether or not the person who was hit has permanent or temporary disabilities that are the direct result of the accident. Finally, the lawyer needs to make sure that other people in the general area suffered injuries in the accident and that these people will need long-term medical care.
Damages That a Plaintiff Might Recover in a Pedestrian Accident
Damages will vary from accident to accident and from person to person. A subcompact car could tap you with its bumper and cause minor damage if you are a 200-pound man, but the same accident with the same car at the same speed could cause catastrophic injuries to a 50-pound child. Damages you might recover because of a pedestrian accident include:
- Medical bills – These are the current medical bills and long-term or permanent injuries or, in the case of emotional trauma, bills for future medical care.
- Loss of earnings – This is to compensate you for the time you lost from work because of the accident.
- Loss of future earnings – If your injuries preclude you from going back to work, you may recover loss of future earnings, especially in cases where you suffer permanent disabilities because of the injuries.
- Household expenses – If you cannot perform household duties that you would normally perform, you may be compensated for those duties.
- Costs for altered plans – If you have to cancel a trip because of your injuries, you may receive compensation for the trip you cannot take.
- Pain and suffering – Compensation may be awarded for short-term pain and suffering from the accident or for long-term pain and suffering if the accident leaves you with long-term or permanent injuries, such as back pain that never goes away.
- Mental anguish – If you are suffering from emotional trauma because of the accident, including PTSD, you may be paid for the mental anguish you are going through in addition to compensation for ongoing therapy sessions.
- Loss of consortium or companionship – If a loved one was killed in an accident or injured so badly that he or she cannot provide you with the emotional and physical support you are accustomed to, you might be entitled to compensation for the loss of that companionship.
If the pedestrian accident resulted in a fatality, the family might be entitled to funeral expenses, the cost of any medical care that took place before the death of the victim, loss of financial contribution, emotional distress from losing a loved one, loss of support and services provided by the lost loved one, and loss of consortium and companionship.