One of the most common questions we get as pedestrian accident lawyers in DC is to help determine the value of a claim for a prospective client. There are a couple of issues with this. First, an attorney cannot make any sort of promise as to what a client may recover, as it would be both unethical and impossible. Countless factors determine the value of a case, which are not apparent until the later stages. As you will see when you learn how to evaluate the basics of a case’s value, we do not learn the most valuable parts of the compensation model until after you have completed your medical treatment. Depending on the extent of your injuries, this may take several months or years.
Moreover, even once we know your economic damages, we must still calculate your pain and suffering damages, which vary from person to person as there is no set formula. Finally, once we have calculated the value of your claim, there is never a guarantee that you will be able to collect all the case is worth. Many tortfeasors do not have insurance. And because you are a pedestrian, you may not have insurance either. However, our experienced pedestrian accident attorneys will leave no stone unturned in finding an insurance policy that will cover your damages if available.
Common injuries in DC pedestrian accidents are anything that may result from a high-impact fall. If you are an older adult, you may be more susceptible to a broken hip. Meanwhile, if you are a child, you may be more susceptible to the vehicle striking your head, causing catastrophic injuries.
Below are the most common injuries we see in DC pedestrian accidents. While these injuries are the most common, their effect on the value of your claim will vary depending on its severity.
The value will not be significant if this is the extent of your injuries. However, it may still be worth pursuing. Thus, you should consult a personal injury attorney to determine whether your case is worth pursuing. Your lawyer can walk you through your options and what your case may be worth based on all relevant factors and help you decide on the next steps.
If you suffer a fracture from a DC pedestrian accident, your recovery time will be extended by several weeks. However, a fracture’s most crucial effect on your case’s value is your pain and suffering or your noneconomic damages. While your medical expenses will not be seriously affected, you will be in far more pain and can participate in fewer activities, affecting your quality of life. It is also a tangible injury we can prove at trial with X-rays. This is less expensive evidence than an expert witness explaining soreness for a sore neck injury.
Besides wrongful death, brain injuries are the most severe pedestrian accident injuries we see. In the several hundred pedestrian accident cases we have handled, we have seen varying degrees of brain injuries. On the lower end of severity, some accident victims suffer from concussive symptoms and migraines. While migraines are debilitating, proving that they exist is not as simple as a fracture, as brain imaging does not prove the existence of a migraine.
Meanwhile, on the other end of the brian injury spectrum, some victims suffer lifelong disabilities. These disabilities may necessitate full-time nurse care. On top of the decreased quality of life for the victim, he will also be responsible for paying a nurse to help him live and perform daily functions. This is a cost that you may not consider. However, the purpose of a pedestrian accident lawsuit is to make the plaintiff whole. It is not meant to punish the defendant for negligence as it was not necessarily criminal. But at the same time, there is no reason why a victim should pay out of pocket for a nurse if necessary.
But how do we prove that the nurse is a necessity? This requires expert testimony. Conversely, the defense may offer their expert to contest what our expert claims.
There is a simple formula in personal injury law to calculate damages after a pedestrian accident in DC. The formula adds medical expenses plus lost wages plus pain and suffering. While other components contribute to the equation, these are the three main elements.
When you suffer an injury, you need to see a doctor to understand the extent of your injury and receive treatment if necessary. Unfortunately, medical treatment in the U.S. is expensive. There is no justifiable reason why you should bear the brunt of the cost of this treatment when you did not cause your injury. Suppose someone else causes your injury, even by accident; they are legally liable for your medical expenses. While medical costs are fully compensable in theory, recovering compensation for your medical expenses can still be complex. Insurance carriers in settlement negotiations like to reduce the cost in their calculation of what your case is worth. However, the law does not support this.
When you are injured, your doctor may excuse you from work. This excusal is necessary to recover the wages you should have earned from the defendant. Whether your doctor excuses you from work depends on your injuries and the line of work you are in. For example, if you injure your back and work in an industry requiring you to lift heavy objects, you will be excused from work.
The damages above are economic. Pain and suffering compensation is meant to compensate you for enduring pain. The amount you should be compensated for should be proportional to your pain. However, some injuries, like soreness, are more challenging to prove than, for example, a fractured wrist. Of course, soreness occurs every day after a DC pedestrian accident. And it is our burden in court to show that it is more likely than not that you suffered from soreness from your pedestrian accident.
The importance of evidence in proving your DC pedestrian accident claim is vital for your case. Our duty in a civil case as plaintiffs is to establish liability and prove that you suffered damages by a preponderance of the evidence. That means we must show it is more likely than not that these things occurred. Typically, mere testimony from witnesses from both parties, while technically evidence, does not always show that it is more likely than not that our allegations are true. Accordingly, the more evidence we have to prove your DC pedestrian accident claim, the more likely we will win your case.
Our DC pedestrian accident attorneys can help you determine the value of your DC pedestrian accident. While we have provided a basic structure of damages in a personal injury case, there are countless other factors to consider. Call our office today for a free, no-obligation case evaluation to determine the viability of your claim and next steps.