Damages in Burbank Pedestrian Accidents

Pedestrian accidents can result in injuries on various levels, but many end in more severe injuries that require a lengthy recovery. An injured person may miss time from work, need adaptive equipment, and even experience a decline in earning capacity, which can make the cost more expensive in addition to the medical bills. However, there are ways to receive financial compensation for your accident.

When you get hurt in these types of incidents, you should consult a dedicated pedestrian crash attorney who could help you pursue damages from the liable party. The nature and amount of available compensation will depend on the circumstances of the accident and the severity of the injuries. Consult with an attorney to learn more about damages in Burbank pedestrian accidents.

Minimum Payouts for Pedestrian Accidents

While some people may believe that there is a minimum payout for a pedestrian accident, damages are only based on actual harm. However, there are cases in which someone without physical injuries could still have damages. Most victims will receive assistance from first responders on the scene of a pedestrian accident. Even if the first responders think they are fine, they will almost always suggest follow-up medical care. The costs of that follow-up medical care, even if the victim ends up being physically fine, are harms that result from the accident.

Additionally, the driver must be responsible for the accident. This state’s negligence laws allow people to collect from other parties as long as the victim is not 100 percent responsible for their own injuries. So, even when a victim contributes to their injuries, they could still obtain damages. However, if a victim is entirely responsible for their injuries—for example, stepping directly in front of moving traffic—the driver may not be responsible. In those instances, the victim will not be entitled to any compensation from the driver. Understanding those caveats makes it clear that there is no minimum amount of damage a Burbank resident could receive in pedestrian accidents.

What Factors Determine the Amount of Attainable Damages?

While a Burbank attorney could never guarantee a settlement or jury award, they could help estimate a damage award range in a pedestrian accident. That range guides them in their representation of clients, including whether to advise a victim to accept a settlement offer or encourage them to go to court to fight their case.

To come up with this damage range, an attorney examines several factors, including:

• Extent of damages
• Ability to prove the claim
• Share of liability

The extent of the damages depends on the victim’s actual economic and non-economic losses. Economic damages refer to direct economic losses for a victim. Medical bills, lost wages, and loss of earning capacity are some examples of these types of losses. Non-economic damages refer to harms that do not have a specific monetary value. Pain and suffering, loss of consortium, and loss of companionship are some examples of intangible harms. To compensate for them, the court must estimate the value of a dollar for intangible harm.

Proving the Claim

Another factor is the victim’s ability to prove the claim. That involves the evidence of the case. In some accidents, proving the claim becomes a he-said/she-said disagreement. It may be a victim’s version of events against the driver’s version of events. It can be challenging to prove a claim when the only evidence is testimony.

Gathering evidence at the scene could help substantiate a claim. Such evidence could include:

• Photos
• Police reports
• Medical Records
• Witness statements

A lawyer could help ensure that the person who was injured has the evidence they need to substantiate their claims.

Liability

Finally, the damage award depends on liability. This state allows victims to recover compensation for any level of responsibility by the wrongdoer. However, the damage award is reduced to reflect the percentage of responsibility—the greater the wrongdoer’s responsibility, the greater the damages in Burbank pedestrian accidents.

Consult a Burbank Attorney About Damages in Pedestrian Crashes

The best way to determine potential damages after a pedestrian accident is to speak with an attorney. We could examine the facts of the case, your injuries, and your role in the collision. We could then provide an estimated damage range to help you determine whether to accept a settlement or proceed to trial. Call us today to schedule a consultation and learn more about damages in Burbank pedestrian accidents.