Pedestrian accidents can be life-changing events, often resulting in severe injuries that have long-lasting effects. When someone is walking down a street or crossing an intersection, the last thing they expect is to be hit by a car. Unfortunately, accidents involving pedestrians happen far too often in Idaho. The aftermath of these accidents can be overwhelming, leaving the injured person with physical pain, emotional trauma, and a mountain of medical bills. Knowing what damages a pedestrian can claim after an accident in Idaho is an essential step toward seeking the compensation they deserve.
If a pedestrian is injured in an accident caused by a driver’s negligence, Idaho law allows them to pursue damages through a personal injury claim. Damages are the compensation a person can recover for the harm they have suffered. These damages are intended to help the injured pedestrian recover both financially and emotionally from the accident. However, understanding what types of damages are available and how they are calculated can be complex. By gaining a clear understanding of the types of damages a pedestrian may claim, they can be better prepared to pursue fair compensation. Hepworth Holzer, LLP is dedicated to providing compassionate and comprehensive legal support for individuals navigating pedestrian claim cases, ensuring their rights are protected while pursuing the compensation they deserve.
Medical Expenses
One of the most immediate concerns after a pedestrian accident is dealing with medical bills. Injuries from pedestrian accidents can be serious and may require emergency medical care, surgeries, physical therapy, and long-term rehabilitation. Even minor accidents can result in significant medical expenses. A pedestrian injured in an accident can seek compensation for any medical costs related to their injuries. This includes hospital stays, doctor visits, medications, surgeries, and even transportation to medical appointments. In some cases, the injuries may require ongoing treatment for months or even years, so it’s essential to factor in future medical expenses when calculating damages.
The severity of the injuries will largely determine the amount of compensation a pedestrian can claim for medical expenses. For example, if a pedestrian suffers broken bones, spinal injuries, or traumatic brain injuries, their medical bills may be substantial. The injured person should keep track of all medical records and bills, as these will be crucial when seeking compensation. Additionally, if the injuries result in long-term disabilities or permanent impairments, these factors will also be considered when determining the overall compensation.
Lost Wages
Injuries from pedestrian accidents often prevent people from working for a period of time. If a pedestrian is unable to work because of their injuries, they may be entitled to compensation for lost wages. Lost wages refer to the income the injured person would have earned if they had not been involved in the accident. This can include wages from a regular job, tips, bonuses, and even lost opportunities for promotions.
For pedestrians who suffer severe injuries that result in long-term or permanent disabilities, the loss of earning capacity may also be considered when calculating damages. This means that if the injured person is no longer able to return to their previous job or work at all, they may be entitled to compensation for the future income they would have earned had the accident not occurred. These damages can be significant, especially if the injured person is young and would have had many working years ahead of them.
It’s important to document any time missed from work due to the accident and to provide proof of income, such as pay stubs or tax returns. An attorney can help ensure that all lost wages, both current and future, are included in the claim for damages.
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Pain and Suffering
Not all damages are as easy to calculate as medical bills or lost wages. One of the most challenging aspects of a pedestrian accident claim is determining compensation for pain and suffering. Pain and suffering refer to the physical pain and emotional distress that an injured person experiences as a result of the accident. This type of damage is considered non-economic, meaning that it does not have a specific dollar amount attached to it like medical bills or lost wages.
Pain and suffering can include a wide range of physical and emotional effects. For example, a pedestrian who is hit by a car may experience ongoing pain from their injuries, as well as anxiety, depression, and even post-traumatic stress disorder (PTSD) as a result of the accident. While these types of damages are more subjective and harder to quantify, they are still a critical part of a pedestrian’s recovery and should not be overlooked.
In Idaho, there are various ways to calculate pain and suffering damages. Sometimes, courts or insurance companies use a multiplier method, where they multiply the amount of medical expenses by a certain number to determine pain and suffering. In other cases, a per diem method may be used, where a certain amount is awarded for each day the injured person experiences pain and suffering. The severity of the injuries and the impact on the injured person’s daily life will be key factors in determining the amount of compensation for pain and suffering.
Emotional Distress
Pedestrian accidents can leave more than just physical scars. The emotional impact of being involved in such an accident can be overwhelming. Emotional distress damages are meant to compensate the injured pedestrian for the mental anguish and emotional trauma they experience after the accident. This can include feelings of fear, anxiety, and depression that interfere with their daily life and overall well-being.
In some cases, pedestrians who are involved in severe accidents may develop conditions like PTSD. Symptoms of PTSD can include flashbacks, nightmares, and extreme anxiety related to the accident. These emotional challenges can make it difficult for the injured person to go about their normal routine, work, or even walk outside without feeling fear.
When seeking damages for emotional distress, it’s important to provide evidence of the psychological impact the accident has had. This can include medical records from therapists or psychologists, as well as testimony from family and friends who have observed changes in the injured person’s behavior.
Property Damage
In some pedestrian accidents, the injured person may also experience property damage. For example, if the pedestrian was carrying a bicycle, a cell phone, or other personal items that were damaged in the accident, they may be entitled to compensation for the repair or replacement of these items. While property damage may not be the largest component of a pedestrian accident claim, it is still important to account for all losses related to the accident.
Disfigurement and Permanent Disability
Some pedestrian accidents result in catastrophic injuries that lead to permanent disfigurement or disability. For example, a pedestrian who is hit by a car may suffer severe burns, amputations, or other injuries that leave permanent scars or impairments. In these cases, the injured person may be entitled to additional compensation for the long-term effects of the accident.
Disfigurement and permanent disability can have a profound impact on a person’s quality of life. The injured person may be unable to engage in activities they once enjoyed, or they may face challenges in performing everyday tasks. Compensation for these damages is intended to help the injured person adjust to their new circumstances and cope with the long-term effects of their injuries.
When seeking compensation for disfigurement or permanent disability, it’s important to provide medical evidence that documents the extent of the injuries and their lasting impact. This can include testimony from medical professionals, as well as opinions on how the injuries will affect the injured person’s life moving forward.
Loss of Enjoyment of Life
In addition to the physical and emotional challenges of a pedestrian accident, many injured individuals experience a loss of enjoyment of life. This refers to the inability to participate in activities or hobbies that the person once enjoyed before the accident. For example, if a pedestrian who was an avid runner is no longer able to run due to their injuries, they may be entitled to compensation for this loss.
Loss of enjoyment of life is another type of non-economic damage that can be difficult to quantify. However, it is an important part of the overall compensation a pedestrian may seek after an accident. The injured person’s attorney can help demonstrate how the accident has affected their ability to engage in meaningful activities and pursue their passions.
If you or a loved one has been injured in a pedestrian accident in Idaho, it is essential to seek legal assistance to ensure you receive the compensation you deserve. The process of filing a claim and proving damages can be complex, and having experienced legal representation can make all the difference in the outcome of your case. At Hepworth Holzer, LLP, we are dedicated to helping injured pedestrians recover the compensation they need to move forward with their lives. Contact us today to schedule a consultation and learn how we can assist you in your recovery journey.