St. Charles Pedestrian Accident Lawyer
According to the National Highway Traffic Safety Administration (NHTSA), almost 6,000 pedestrians are killed in accidents per year, with almost all of the deaths caused in single-vehicle incidents. Since pedestrians lack the physical protections that driver and passengers in vehicles have, an accident can have a negative impact on their health for the rest of their lives.
If you are a pedestrian injured due to a driver’s negligence you may need the help of a St. Charles pedestrian accident lawyer to help your recovery. A skilled attorney could take the time to speak with you about your case and help you develop a convincing argument that could potentially render a positive result.
What Type of Compensation Could a Plaintiff Receive in a Pedestrian Injury Case?
Injured pedestrians can recover damages under the legal theory of negligence, which fall into the categories of economic or non-economic damages. Economic damages are easily identifiable and include past and future medical treatment, lost wages from an inability to work, and damage to personal property. There is no set cap for how much a plaintiff can recover in this category so long as the plaintiff can prove the damages and support the recovery amount with proper evidence, the liable party must pay that amount. However, these accidents are often catastrophic to the injured person and could cause a victim to never be able to work in the same capacity or have the life they enjoyed before.
What do Noneconomic Damages Cover?
On the other hand, noneconomic damages include recovery for things that are not as easily identifiable as economic, but this fact does not bar a plaintiff from seeking them. This includes mental and physical pain and suffering, loss of earning capacity as a result of their injuries, and other losses the plaintiff has incurred/will incur. This category is capped by Missouri law to $420,749 for non-catastrophic injuries and $736,310 for catastrophic injuries. The cap for noneconomic damages seems to be an ever-changing topic in the state legislature, which means that is important all the more important that you seek the help of a personal injury attorney with experience in dealing with pedestrian accident cases in St. Charles.
How Does Comparative Fault Apply to Pedestrian Accident Cases?
St. Charles uses a pure comparative fault system for negligence cases, which means that the plaintiff’s recovery can be reduced by the percentage they were at fault for the accident. For example, if a distracted driver hits a pedestrian who was jaywalking, both parties can be assigned a percentage of fault for the outcome. If the injured pedestrian decides to take legal action against the driver, the court will assign fault percentages to each and reduce any judgments or settlements by that percentage.
Get in Touch with a St. Charles Pedestrian Accident Lawyer
If you are a pedestrian injured due to someone else’s negligence, you are entitled to financial compensation for your losses. Having the experience of a St. Charles pedestrian accident lawyer can make a big difference in both the speed and amount of your recovery, so do not delay in contacting one before filing any suits or accepting any settlements.