The data on pedestrian accident cases is clear. And it is abundantly clear that a brain injury in a DC pedestrian accident can change your life forever. They are the most fatal types of traffic-related accidents we see in DC. So, what are your rights and what can we do about it? The good news is you have the right to compensation in many instances where you are not at fault for the accident. However, your right to recover is subject to a handful of limitations you should know. Moreover, valuing how much you are entitled to for those injuries requires years of experience handling similar cases.
The consequences for a brain injury in a DC pedestrian accident case can extend for years or even a lifetime. Navigating a brain injury alone can be one of the most challenging things anyone has to do. We have had clients come to us over two years after the injury, not because they did not want to seek justice but because they did not have the physical capacity to reach out to an attorney. In these scenarios, it is essential to be aware of the statute of limitations issues, which in Washington, D.C., is three years for your bodily injury claim.
So, whether you are an injured victim of a pedestrian accident, a concerned family member, or an interested legal professional looking to learn, understanding the intricacies of brain injuries in DC pedestrian accident cases is vital.
The number of pedestrians walking to and from work, visiting friends, going out to eat, or enjoying the beautiful weather can be subject to a driver’s negligence in DC. When these accidents occur, there are no airbags for the pedestrian and no seatbelts restraining the pedestrian from being thrown into the air. If a pedestrian is struck, there is no safety technology to protect them. More often than not, pedestrians’ lives are left in the hands of drivers. Unfortunately, too many drivers are distracted by their phones, drunk, exhausted, or other factors contributing to traffic accidents.
Traumatic brain injuries (TBIs) are caused by external forces, such as a blow to the head when a pedestrian is struck by a vehicle or hits the ground. This is the most common form of brain injury in a DC pedestrian accident and can range anywhere from mild concussive symptoms to skull fractures and brain contusions. Of course, the effects can last months or even years, even with mild concussive symptoms. Concussions are still not fully understood by doctors, and what may appear mild one day may be a severe health risk down the line. Thus, it is imperative to retain a knowledgeable personal injury attorney to handle your traumatic brain injury.
An acquired brain injury is distinct from TBIs; you are unlikely to see them in a pedestrian accident. They occur due to oxygen deprivation or increased pressure within the skull.
The impact of brain injuries on victims and families is two-fold.
While this is likely not even a consideration when a family member suffers a brain injury in a DC pedestrian accident, it is an unfortunate reality to have to deal with. Medical expenses are exorbitantly expensive. Your loved one may need multiple surgeries and years of physical therapy to return to what was once expected. Moreover, future medical expenses are something many do not even consider. However, when you are injured due to someone else’s negligence, your health insurance will request that you seek reimbursement from the defendant. In other words, even if you are paying a smaller copay than what your prescription medications are worth, your health insurer may want reimbursement if there is a recovery. A prudent personal injury lawyer considers this when assessing the value of your case. You should also consider how you will pay for these necessary prescription medications.
Whether for swelling, pain, or some other need related to your brain, prescriptions are expensive, even with health insurance. There are also lost wages. A brain injury may disallow the victim from working. Doctors will excuse accident victims from work even for concussive symptoms due to the unknown nature of the injury. For serious brain injuries, the victim may never be able to work again. Compensation is due to the family’s inability to support itself.
There is also potentially a claim for a spouse or child’s loss of companionship if the brain injury is severe enough. These are all aspects to discuss with an experienced attorney.
The emotional element is particularly compensable for the victim. There is ongoing pain and suffering which may last a lifetime. The victim may no longer be able to enjoy their favorite hobbies. A loss of enjoyment of life is a compensable damage in an accident case.
Compensation is due for all of the damages described above. However, whether the compensation is recoverable is often a different story. Many people in DC drive without car insurance. And if someone does not pay for car insurance, chances are they cannot afford to pay an expensive judgment against them. We have gone down this route because we had a client with no alternatives. Unfortunately, even if we win a several hundred thousand dollar judgment, it does not help if the defendant has no money to pay. If this is the case, you have two options. The first is less likely and is to find another defendant in the same case who is jointly and severally liable for your injuries. If that is the case, we will recover from them.
But if there are no other options, you must rely on your insurance to make a claim. If you have sufficient coverage, this is fine. It will not raise your rates because the accident is not your fault. Some people hesitate to use their insurance because they do not want higher premiums, but this is not the case. And if they do wrongly raise your premiums, you have a viable claim with the insurance commission.
If you make a claim under your insurance, it will be as an uninsured motorist claim. The law behaves in these claims as if we were suing the person who struck you with their vehicle. The only difference is that your insurer is on the hook, not the defendant. To put them on the hook, we must first establish that the defendant has no coverage. Then, we must convince them that your case is worth what we claim it is. Note that just because they insure you does not mean they want to pay you what you are owed. We still must negotiate a settlement with them, and these negotiations are not always successful. If we cannot settle amicably, we will sue the insurance company for breach of contract.
Brain injuries in DC pedestrian accident cases are complex. Even licensed and board-certified physicians do not fully understand many aspects of these injuries. Proving the extent of these injuries in court is expensive as we have to hire expert witnesses to establish several parts of our claim. On the other hand, these cases tend to result in significant compensation for the victim and his family.
If you believe you have a viable claim for a brain injury in a DC pedestrian accident case, contact our office today for a free, no-obligation consultation.