Pedestrians hit by cars are statistically likely to face more significant injuries and a higher rate of death from the crash. Without a vehicle or even a bike helmet protecting them, pedestrians often face the worst outcomes in accidents.
Victims of car crashes might be entitled to substantial financial compensation to help them recover from their injuries and afford bills and other expenses if they are left out of work. With an experienced lawyer on your side, you can fight at-fault drivers and insurance companies for compensation.
For a free case assessment, call our pedestrian accident lawyers at Legal Care New Jersey at (732) 838-9769.
How to Get Compensation in a Pedestrian Accident in Union City, NJ
Getting compensation after any car accident in NJ can be challenging, but the rules for pedestrians are perhaps even more confusing. New Jersey works on a primarily no-fault system where drivers cannot sue for car accidents unless they have “serious injuries” and must file a claim with their own insurance instead. You can opt out of this by getting an “unlimited right to sue” policy that preserves your right to sue. How these rules apply to pedestrians is a bit complex.
First, understand that these rules apply to anyone covered by an insurance policy. That means that if you drive and have an auto insurance policy, but you were hit while walking on foot, your insurance might still cover you and prevent you from suing unless you meet the other requirements. If someone in your household has an insurance policy that covers you, the same is true. If you absolutely have no insurance and are not required to, your right to sue is not restricted. As such, investigating what insurance policies apply to you will be one of our pedestrian accident lawyers’ first steps in assessing how to get you the damages you need.
Second, these rules only block lawsuits if you have a “limited right to sue” policy or have no “serious injuries,” which includes any permanent injury, along with other particular injuries. If you meet either of these requirements, then we can go ahead with a lawsuit. In the meantime, however, first-party benefits might be available from your insurance company to help deal with immediate expenses without the need to prove who was at fault.
Lastly, when we take the case to court, we will have to prove who caused the accident and why they are legally responsible in order for you to get the compensation you need. If the case goes to trial, we will have to present evidence and arguments to a judge and jury and prove the value of your damages. However, many cases settle before that point through rigorous negotiations with the defendant and their insurance companies.
What is My Pedestrian Accident Case Worth in Union City, NJ
The value of every case is different because the injuries and damages suffered in every accident are different. Even with the same exact injury, the damages might cost a different amount based on how the victim was injured and how it affects their life. As such, we need to investigate the specifics of your case before we can arrive at an estimated value, but the following are all important factors to consider in evaluating damages:
How Much Your Care Cost
The medical care, mental health care, physical therapy, and other care to treat your pedestrian accident injuries should be compensated in full. When you pursue damages through your insurance, you might have to pay deductibles and such, but a lawsuit can result in full payment for the full value of these damages.
Cost of Other Expenses
Other money that you have to pay because of the accident should also be compensated. Your first-party benefits might not cover these sorts of things, such as property damage for your clothing, cell phone, and anything else you were carrying when you were hit. For example, if you had your laptop in a bag when you got hit, and it was destroyed, you should be able to get its value reimbursed, but property damage is usually paid by the defendant or their insurance, not first-party benefits.
The replacement cost of household services like cleaning and cooking, as well as the cost of childcare during hospital visits, should also be claimed, along with any other expenses paid because of the crash.
Lost Income
When you are hurt in a pedestrian accident, you have to pay a lot of money. All the while, you might not be able to go back to work, making it harder to afford these expenses. On top of any costs you were billed, you should also be able to claim the income you missed.
This can include regular employment income, such as your weekly wages, but it can also include self-employment income, seasonal income, and other income you might miss out on from running a business. Proving these damages might be much more complex than proving a simple weekly wage, but our lawyers can work to collect evidence to prove these costs.
If you will miss work going forward, the cost of those future lost wages will also be important to your case. If you now have a permanent disability, you should get compensation for the wages you will miss through retirement.
Pain and Suffering
Pain and suffering damages are not available through your first-party insurance benefits, and you usually have to sue to get these damages paid. Pain and suffering are very personal damages and shift and change depending on the individual’s injuries, the severity of the injuries, the effect on their life, and the individual’s status. For example, an aspiring college athlete who loses a leg in a crash will face lost scholarships, lost employment opportunities, lost enjoyment, and other harms that a 40-year-old bank teller with the same injury would not face.
Contact Our Union City, NJ Pedestrian Accident Attorneys Today
Call (732) 838-9769 today for a free case review with the pedestrian accident lawyers at Legal Care New Jersey.
