When you are injured in a pedestrian accident, the damages you have sustained can feel overwhelming. You may experience severe physical harm, substantial injuries, emotional trauma, and financial devastation. Your recovery period may be lengthy, and, in many cases, you may be unable to make a full recovery.
The person who harmed you should be responsible for your losses, and an experienced pedestrian accident attorney from Smith Hulsey Law could help assess any potential damages in Gainesville pedestrian accidents. Our experienced lawyers will examine the facts of the case, your injuries, and the impact on your life to help you estimate an appropriate settlement range or provide a reasonable estimate.
Many people mistakenly believe that pedestrians always have the right of way. However, in Georgia, pedestrians only have the right of way when crossing at designated crosswalks. Pedestrians must walk on a sidewalk when one is available. While nothing prohibits pedestrians from jaywalking, or walking in the street outside designated crosswalks, they must yield the right of way to vehicles.
When multiple parties share fault in an accident, Georgia Code Annotated § 51-12-33 governs whether parties can recover. An injured person who shares responsibility for an accident can still recover damages if they are less than 50 percent responsible. Their damages will be reduced to reflect their share of responsibility. A Gainesville attorney will consider comparative negligence when estimating potential damages in a pedestrian accident.
Economic damages are the first component of compensatory damages for Gainesville pedestrian accidents, which include damages meant to repay a person for their losses. There are three main types of economic damages: medical bills, lost income, and loss of earning capacity. In addition to the main types, an injured pedestrian can recover economic damages for other provable economic losses.
Medical expenses can include past, present, and projected future medical costs, such as doctor’s visits, surgeries, prescriptions, or physical therapy. Determining future medical expenses can be complicated. A lawyer will work with the medical experts and call on knowledge from similar cases to predict the cost of future medical care to ensure that economic damages are sufficient to cover all medical care related to the injury.
Even minor injuries can lead to a person missing time from work, which can lead to lost wages. When an injury is more substantial, the person may be unable to work in their previous employment. An attorney will look at the person’s current earning capacity and likely career progression to determine the value of a loss in earning capacity.
Some losses have no set economic value. Instead, they are known as intangible or non-economic losses. Examples include pain and suffering, emotional trauma, or loss of consortium. The more severe the injury and the greater its impact on the person’s life, the greater the non-economic damage award is likely to be.
Unlike the two categories of compensatory damages, punitive damages are not based on the degree of the injury or its impact on the person’s life. Instead, they are almost like fines for bad behavior, which happen to go to the injured person. Punitive damages are not available in all cases. However, they may be available if the driver’s behavior is outrageous, like intoxicated driving. A Gainesville attorney who is experienced in handling pedestrian accident cases could explain the nuances of these damages and see if they may apply in a person’s particular case.
When you have been injured in a pedestrian accident, you may be wondering what legal options are available to you. Recovering from the injury can be lengthy, painful, and time-consuming. It can also be expensive, so seeking help from a tenacious attorney is crucial.
Consult a well-versed lawyer from Smith Hulsey Law to learn more about damages in Gainesville pedestrian accidents. We would be happy to schedule a consultation at your convenience.
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