Road traffic accidents injure thousands of pedestrians each year in Georgia. Some drivers choose to break the law and leave the scene of the accident after injuring a pedestrian. If no one witnessed the collision, you might not receive the medical care that you need in time to save your life. According to the National Highway Traffic Safety Administration, in 2015, one in every five children under the age of 15 that were killed in traffic crashes in the United States were pedestrians.
If you or a loved one was injured in an accident while walking on or near a roadway, or were hit by a car while crossing the street, you should hire an Atlanta pedestrian accident lawyer at Allen & Scofield Injury Lawyers, LLC. Contact our Atlanta personal injury lawyers at (404) 419-6674 today or through our online form to schedule a free, initial consultation.
How Do I Get Compensation with a Pedestrian Accident Lawyer?
When you settle a pedestrian accident lawsuit or try your case in front of a jury, the compensation that you receive is usually proportionate to the harms that you suffered and the potential harms that you might suffer in the future. Damages awarded depend not only upon the physical severity of your injuries but how your injuries impact your quality of life. For example: if you are a professional singer or lecturer, a broken rib might impact your ability to perform and earn a living. If you are an engineer that sits in a chair in front of a computer all day, a broken rib might interfere less with your ability to work.
If you were injured as a pedestrian because of someone’s carelessness, you can pursue compensation from those who were responsible for the following damages:
- Past, present, and future medical costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of consortium and emotional support
The decision to file a lawsuit to recover damages for your injuries is daunting for anyone, especially when you don’t feel well. It’s best to work with an experienced group of pedestrian accident attorneys that can guide you through the litigation process.
How Much Compensation Can I Get for a Pedestrian Accident Claim?
There are many factors that impact the value of a personal injury claim. Immediately after you’re injured, it’s difficult to predict the wages you might lose from being unable to work, the total cost of your medical care, and the long-term financial impact of your injuries. Additionally, because each injury case is unique, the emotional, financial, and physical effects therein will differ.
A personal injury victim is eligible to recover compensatory damages for their injuries. Under certain circumstances, they can also recover punitive damages. Compensatory damages are designed to make up for any financial losses that you might have experienced as a result of your injuries. They can include medical care expenses, the costs of future medical treatment, current or future lost wages because of your inability to work, as well as compensation for pain and suffering and/or mental and physical trauma caused by the accident. Other recoverable compensatory damages include those for loss of consortium, loss of enjoyment of life, disfigurement, or future caretaking expenses.
Punitive damages are designed to punish the responsible party for their actions. In Georgia, punitive damages are typically only available when the defendant’s actions showed willful misconduct, malice or that entire want of care which would raise the presumption of conscious indifference to consequences. For example, if an accident is caused by a driver that is severely intoxicated, that driver might be liable to pay punitive damages to the accident victim. A skilled Atlanta pedestrian accident lawyer will be able to explain whether punitive damages are potentially recoverable in your case.
What If I am Partially at Fault?
Georgia is a comparative fault state. That means that as long as you are not 50% or more responsible for causing the collision, you can recover compensation for your injuries. However, your award is reduced by the percentage of fault that you share for causing the collision. For example, if a jury awards you $1,000,000 damages and you’re 30% at fault for causing the collision, your take-home award would be $700,000. A pedestrian accident lawyer can help you forecast how much fault a jury might assign to you based upon the facts of your case.
How Long Do I Have to File a Claim with an Atlanta Pedestrian Accident Lawyer?
Immediately after you’re injured as a pedestrian, you might feel confused, scared, and overwhelmed. The last thing on your mind is the actions that you have to take to pursue compensation for your injuries. All that you’re concerned about is your physical and mental well-being. Once you have a moment to collect your thoughts, you should contact a pedestrian injury attorney to take actions to hold the at fault driver accountable. The amount of time you have to file a personal injury lawsuit is limited. If you wait too long to file your lawsuit, it will typically be dismissed by the court. For that reason, it is imperative that you speak with a member of our legal team that can give you the information you need to file your case before time expires.
Contact an Atlanta Pedestrian Accident Lawyer Today
We can help you file your lawsuit and represent you throughout the process until your case is settled or resolved at trial. Let us help you earn the compensation you deserve. Contact us at Allen & Scofield Injury Lawyers, LLC today at (404) 419-6674 to schedule a consultation.