Pedestrian accidents often result in severe or deadly consequences because of the vulnerability of people on foot. Victims, or their families in the event of fatality, have the right to pursue payment from the responsible party through insurance claims and civil lawsuits.
Personal injury settlements aim to make the victim whole by compensating for the financial losses and intangible harm they suffered as a result of another’s carelessness. A knowledgeable pedestrian accident attorney, such as those on our team at Fredson Statmore Bitterman, LLC, can help you learn more about damages in Piscataway pedestrian accidents.
What Types of Damages Are Available?
Damages fall within two categories: economic, which encompass verifiable financial losses, and non-economic, which relate to the intangible impacts caused by the accident. In some cases, the court may take additional action and award punitive damages as a financial punishment for the defendant and a deterrent against similar conduct in the future if their actions were particularly reckless, malicious, or intentional.
Economic Damages
Economic damages are the tangible and out-of-pocket costs directly related to your accident. Some examples include past, current, and ongoing medical expenses, such as:
- Emergency room visits
- Hospital bills
- Surgeries
- Physical or psychological therapies
- Any other continued medical services
Further examples of economic damages include:
- Lost income, which compensates for wages lost during the time you took off from work for medical care, rest, and recovery
- Employment benefits you might have lost as a result of not being able to work
- Future income if your injuries cause long-term disabilities
- Compensation for ruined property
- Any other losses you sustained as a result of the accident
The court or insurers calculate the total amount of your economic damages based on bills, receipts, and expert testimony.
Non-Economic Damages
Non-economic damages address the distress you suffer due to the accident. Some examples include physical pain, mental anguish, reduced quality of life, and losing the ability to enjoy life. Other non-economic damages may also include financial compensation for permanent disfigurement, such as loss of limbs or their functionality, as well as harm caused to relationships, including impacts to spousal intimacy or a parent’s ability to care for their child.
Courts or insurers typically calculate these damages using a specific formula or a per diem method. During your free consultation, our seasoned attorneys can answer specific questions about your Piscataway pedestrian accident and the losses you suffered.
Deadlines and the Impact of Comparative Negligence
Knowing and adhering to state statutes, such as the filing deadline, is crucial for successfully obtaining a settlement after your pedestrian accident in Piscataway. Under New Jersey Statutes § 2A:14-2, you have two years to file a claim to pursue compensation for pedestrian accidents caused by a negligent driver. Families also have two years to seek damages for wrongful death if the victim’s injuries prove fatal.
Insurance laws follow a modified comparative negligence rule for cases with shared fault. This means if you share a small part of the responsibility for the accident, you are still eligible for a settlement, but the insurer will deduct that percentage from your award amount.
However, if the court or insurer finds that you are over 51 percent at fault, they will deny recovery of damages altogether. Therefore, building a strong case to establish the full extent of the defendant’s liability is crucial. The state does not cap the amount of damages, so if your injuries are severe, your settlement can be substantial.
Contact Our Attorneys To Learn About Losses and Compensation in Piscataway Pedestrian Accidents
You must hold a reckless motorist legally and financially responsible if they caused you harm. Pedestrian accidents are typically severe and potentially life-altering, so payment from the responsible party is essential.
The sooner you begin preparing your case, the better your chance of obtaining the maximum potential award amount. Contact our team at Fredson Statmore Bitterman, LLC today to schedule a free consultation with one of our attorneys and learn more about damages in Piscataway pedestrian accidents.
