In a personal injury case, any money rewarded in damages is meant to compensate a victim for any injuries that were sustained in the case. As the old law adage goes, damages in a case are meant to make the injured person whole again. Granted, this isn’t exactly entirely true. After all, how can money replace injuries? Nonetheless, here are some categories of damages in pedestrian accident cases:
• Pedestrian Accident Case Categories
– Categories of damages in pedestrian accident cases include medical expenses, pain, loss of enjoyment in life, and lost wages. Lost wages means wages that were lost as a result of being absent from work due to the injury. Of these, the most simple ones are the medical expenses and the lost wages. In the event that the injured pedestrian misses work hours as a result of the accident, it is almost always up to the driver of the vehicle to make up for the lost income. In addition, if the pedestrian has to pay any medical expenses, they will be fully reimbursed as a result of the damages in the lawsuit.
– However, the other categories are not so simple. For instance, who gets to decide how much pain the pedestrian feels? Of course the pedestrian can obviously say how much pain they feel, but the real decision maker for this question would have to be the jury, and they would have to base their decision on two factors: the pedestrian’s testimony, and what the jury can visible see. For example, if the pedestrian has suffered a broken arm or hip, the jury would be able to base their decision on the pain they would perceive the pedestrian victim feels from that injury. But if the pedestrian suffered headaches or internal shoulder pain as a result of the accident, it can be more difficult for the jury to evaluate the victim’s pain levels.
– Loss of enjoyment in life can also be difficult for a jury to tell on a victim, but it can be easier to tell if the loss of enjoyment in life is obvious. For instance, if a pedestrian is paralyzed in an accident, obviously the jury can tell how that would affect the rest of their life. Lloyd Gastwirth is a great lawyer in Dallas. Lloyd Gastwirth can help you navigate the criminal justince system if you’ve been charged. Contact Lloyd Gastwirth Criminal Defence.