Yes, it is possible for a pedestrian who was hit by a car to get compensation. In order to secure it, you must prove the other party’s negligence. How much your medical care costs, the severity of your injuries, and how the accident impacted your overall well-being all influence your final award.
You Must Prove Negligence in a Pedestrian Injury Case
In order to get compensation after your pedestrian accident, you must prove that the following four elements of negligence apply to your case:
- Duty of care: The responsible party was obligated to keep you safe on the road and follow all traffic laws.
- Breach of duty: The responsible party did not fulfill this duty of care.
- Causation: The driver hit you and caused your injuries.
- Damages: You are now suffering economic and non-economic damages.
It is easy to believe that the driver who hit you is the one who owes you compensation. However, it might not be their responsibility to do so. Their vehicle’s parts manufacturer, their mechanic, or a government entity might be liable for your damages. We can launch an investigation to see who should be held accountable.
For a free legal consultation, call (702) 633-3333
Factors That Influence Your Right to Compensation
How much compensation you can receive depends on different facts of your case, such as:
- The extent of your injuries
- How long your recovery process will be
- The economic impact of your injuries
- Your overall quality of life after your injuries
Your percentage of fault, or lack thereof, can influence your total winnings. NRS §41.141, Nevada’s modified comparative negligence law, explains that you can recover compensation as long as you hold not more than 50% of the blame.
So, if you ran across the street when the traffic timer ran out and the driver ran a red light, you might be assigned 30% of the blame, and the other party, 70%. In that case, you will only recover 70% of your possible damages.
Potential Damages You Can Recover Following a Pedestrian Accident
After reviewing the facts of your case and getting an insight into how the accident has affected your life, we can begin to assess your damages, which might be:
- Past lost wages: Your injuries keep you from returning to work.
- Future loss of earning capacity: You have to resort to getting a lower-paying job or not working altogether because your injuries are so severe.
- Past and future medical bills: Your medical team is requiring you to be hospitalized, go to physical therapy and other ongoing doctor’s appointments, have surgery, take medication, or get different diagnostic tests.
- Past and future pain and suffering: You’re experiencing serious physical pain.
- Past and future mental anguish: You’re suffering from anxiety, depression, or post-traumatic stress disorder (PTSD) due to the accident.
- Wrongful death damages: Your loved one’s passing from the car accident left you in debt for their funeral and burial expenses, medical bills, and more.
- Miscellaneous expenses: You might need in-home care or a nanny to take care of your children while you recover.
Note that these damages aren’t all that is available to you—you might be eligible for more than you think.
How Long You Have to File Your Lawsuit
Unfortunately, you do not have unlimited time to pursue compensation for pedestrian accident damages. If you were injured or your loved one passed away from the accident, NRS §11.190(4)(e) allows two years to file a lawsuit.
Failure to comply with this deadline could risk your right to seek compensation. However, there might be exceptions to this time limit. If a government agency is liable, you might have a much shorter time to take action.
We can help you determine the deadline that applies to you.
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Your Lawyer Can Handle Settlement Negotiations for You
Your lawyer will get results for you by:
- Collecting evidence
- Settlement negotiations
- Managing all methods of communication
- Naming liable parties
- Quantifying damages
- Representing our clients in court
According to the American Bar Association (ABA), going to court is rare, as many injury cases are closed before going to this stage.
Your pedestrian accident lawyers could provide these services for you on a contingency-fee-basis. You might not have to worry about paying them unless and until you get compensation.
Call the Attorneys at Bernstein & Poisson Today for a Free Consultation
Now that you know that pedestrians who are hit by a car can get compensation, you can seek assistance from our lawyers. We can tell you more about the value of your case and how we can represent you through a claim or lawsuit.
Call Bernstein & Poisson today at (702) 633-3333 to speak with one of our representatives in a free case review. With our 60+ years of experience, we have won hundreds of millions of dollars for our clients. We require no upfront fees to get started.