If you were hit by a negligent driver and suffered serious injuries, you know better than anyone that money alone can only do so much to make up for the harm a pedestrian accident can cause. With that said, it can still be important to seek civil compensation after being injured in this way, both to preserve your financial stability in the short term and protect your personal and professional best interests in the long term.
Knowing in advance about typical damages in Las Vegas pedestrian accidents can likewise be key to getting the best possible result from your unique lawsuit or settlement demand. Here is a broad overview of the kinds of things that you should be taking into consideration when making a demand for restitution.
Recovering for Economic Forms of Harm
“Compensatory damages”—the legal term for losses that can be assigned financial values and were caused directly by someone else’s negligence—can be split into two subcategories. Economic damages are the more straightforward types of harm, as they can be assigned objective financial values based on qualitative evidence like bills, receipts, and invoices.
In addition to medical bills for treatment your injury necessitated, you can also seek compensation after a Las Vegas pedestrian crash for damages like lost work income and personal property damage. Importantly, you can also seek payments in advance for expected future losses you will likely sustain in the years or even decades to come—such as lost working capacity and the costs of long-term rehabilitative treatment.
What Are “Non-Economic” Damages?
The second category of compensatory damages that a Las Vegas pedestrian injury may result in is “non-economic” damages, which—as the term suggests—do not have objective financial values. Instead, you must estimate a fair value for these losses based on your unique experiences and needs, as well as on what kinds of payouts other people have received for the same losses after being injured in similar ways.
The archetypal example of a non-economic loss is “physical pain and suffering” caused by a serious injury. However, it is also usually possible to recover for emotional and psychological suffering stemming from a pedestrian accident, as well as lost quality of life and other effects of permanent disability/disfigurement if applicable.
Are Punitive Damages Available After Las Vegas Pedestrian Accidents?
Technically, courts in Nevada have the authority to impose “punitive damages” against a defendant and award them as extra compensation to an injured pedestrian accident victim. However, this is a very rare outcome reserved for cases in which a defendant exhibited “fraud,” “malice,” or “oppression.” Furthermore, except for situations involving defendants who were driving under the influence, state law caps punitive damages for pedestrian collisions at $300,000 in most situations, or at three times the value of all compensatory damages combined if that value is greater than $100,000.
A Las Vegas Attorney Can Help Maximize Pedestrian Accident Claim Damages
Getting paid fairly for injuries you unfairly suffered at someone else’s hands is never an easy process to go through in legal or personal terms. Fortunately, you have help available from seasoned legal professionals who know exactly how to handle cases like yours based on successful case outcomes we have achieved in the past.
If you have further questions about common damages in Las Vegas pedestrian accidents, one of our attorneys at Shook & Stone can answer them during a free and confidential consultation. Call today to schedule yours.
