Pedestrians injured by negligent drivers deserve compensation. Before filing a lawsuit, injured victims often want to know what kind of compensation is available in their case.
Economic damages are injuries and losses connected to a specific monetary value. Injuries that lead to a bill or invoice are likely part of your economic damages. Common examples include medical bills and property damage. Non-economic damages are not necessarily financial losses but may still be financially compensated. Pain and suffering and various other experiences may be part of your non-economic damages. Punitive damages are unique in that they are designed to punish defendants rather than compensate plaintiffs. There may be certain limits on these kinds of damages in New Jersey.
If you were injured in a pedestrian-car accident, our New Jersey pedestrian accident lawyers can help you determine what kind of compensation may be available in your situation. Contact our team for a free case review as soon as possible. Call Legal Care New Jersey at (732) 838-9769.
Economic Damages for Pedestrians Hit by a Car in New Jersey
Injuries and damages that can be evaluated based on an explicit monetary value are used to calculate economic damages. Plaintiffs often have numerous economic damages, and it can be easy to overlook some when filing a complaint. Our New Jersey car accident lawyers can help you calculate damages and avoid leaving out anything important.
Pedestrians can be severely injured when a negligent driver hits them, and the medical bills from the accident can be astronomical. It is not unusual for an injured victim to be so extremely injured that their treatment is ongoing and is expected to last for a long time or indefinitely.
You can claim the cost of any medical bills you have incurred as part of your economic damages. You can also add in the cost of expected future medical bills, such as future surgeries, therapies, medications, and other treatments.
The value of any lost or damaged property can also be included in your calculations for damages. A pedestrian struck by a vehicle might have carried valuable belongings lost in the collision. For example, a student walking to class might be carrying their expensive laptop computer when they are hit by a car, and the laptop might be totally crushed. The value of the computer and any other property lost in the crash can be claimed as part of the plaintiff’s damages.
Many injured pedestrians cannot return to work while recovering from their painful and expensive injuries. Sometimes, accident victims are so seriously injured that they can never fully return to work. In these cases, plaintiffs can claim the value of lost income as part of their damages.
You can claim the income you lost while recovering and any future income you expect to miss out on because of the accident. Many people have no other source of income, and compensation from a lawsuit might be all they have to support themselves. Our New Jersey personal injury lawyers can help you get the most compensation possible for your lost earnings.
There might be various other expenses you can count among your damages related to the accident. For example, if you were injured and need to use a wheelchair to get around, it will cost money to renovate your home to make it wheelchair accessible. This expense should be factored into your damage calculations.
Similarly, if you require at-home care from a nurse or professional caregiver after your accident, the cost of those services should be a part of your compensation.
Non-Economic Damages for Pedestrian Hit by a Car in New Jersey
Non-economic damages can be harder to wrap your head around because they often come at no monetary cost. Non-economic damages often represent traumatic and painful experiences that deserve compensation even though they did not cost the plaintiff any money. Our Newark car accident lawyers can help you get that compensation.
One common form of economic damages is mental and physical pain and suffering. The pain from your injuries and the emotional trauma of the accident can take a significant toll on accident victims. Similarly, many accident victims miss out on big opportunities because of the accident. For example, a student might be forced to drop out of college because they suffered a traumatic brain injury in a pedestrian accident. The lost opportunity and the potential benefits it represented should be greatly compensated.
Punitive Damages for Pedestrians Hit by Cars in New Jersey
Punitive damages are different because they are not intended to compensate plaintiffs, although the plaintiff ultimately benefits from these damages. Instead, punitive damages are designed to punish defendants for their bad behavior and hopefully deter future negligence.
In New Jersey, punitive damages will not be considered unless specifically requested by the plaintiff in their complaint. According to N.J.S.A. § 2A:15-5.12(a), punitive damages are only awarded if the plaintiff can prove by clear and convincing evidence that the harm they experienced was the result of the defendant’s actions and that those actions were carried out with malice or a wanton and willful disregard for those who might be harmed. The defendant’s actions must go beyond ordinary negligence and constitute gross negligence.
In a pedestrian accident, punitive damages are certainly possible but not guaranteed. Our Jersey City car accident attorneys can review your case and help you determine if punitive damages are a likely possibility for you.
Limits on Compensation for Pedestrian Accident Victims in New Jersey
There may be limits on how much compensation is available in your case. In general, economic and non-economic compensatory damages have no limits. Compensatory damages are designed to pay back the plaintiff any money they lost because of the accident. If there were limits on compensatory damages, injured plaintiffs might be unable to recover all their losses.
Punitive damages, however, do abide by strict caps and limits. According to N.J.S.A. § 2A:15-5.14(b), no defendant may be liable for more than five times the amount of compensatory damages or $350,000, whichever is more.
Our New Jersey pedestrian accident attorneys can help you maximize potential punitive damages by advocating for your compensatory damages. These damages may be quite high, and plaintiffs often rely on this money to pay for their recovery.
Call Our New Jersey Pedestrian Accident Attorneys for Help
If you were injured in a pedestrian accident, the negligent driver should be held liable for your many damages. Our Paterson car accident attorneys can help you get compensation. Call Legal Care New Jersey at (732) 838-9769 for a free case review.