Damages in Long Island Pedestrian Accident Cases

Damages in Long Island pedestrian accident cases are primarily composed of actual cost and can include medical expenses, out of pocket expenses, and loss of income both present and future. The court also takes into consideration the amount that the insurance carrier has paid on behalf of the individual. The second kind of damages is pain and suffering, which are not quantifiable. There is no bill for these kinds of damages, but an experienced lawyer can help argue on the injured person’s behalf to receive those damages.

Economic and Non-Economic Damages

The economic damages someone can collect after suffering an injury include monetary losses such as past and medical expenses, loss of past and future earnings, loss of property, cost of repair or replacement of property, the economic value of domestic services, and loss of employment or business opportunities. Non-economic damages in Long Island pedestrian accident cases include pain and suffering, inconvenience, emotional distress, loss of enjoyment of life, and loss of consortium. There is no cap on damages in Long Island pedestrian accident cases.

Calculating Damages

After establishing liability, the attorneys can begin calculating the damages. There are several variables when determining damages in a Long Island pedestrian accident case, such as how much money the injured person may have taken out of their pocket in addition to whatever insurance they had. If the plaintiff had to take out money for medication, co-pays, or deductibles, that will be considered when calculating damages. How much money they were earning before the accident is also considered.

If the injured person is 40-years-old and cannot work anymore, it means that if they were making $100,000 per year before the accident then the loss of wages will include $100,000 per year until they reach the retirement age of 65. In this case, they would have $2.5 million in lost wages. The $2.5 million is included in the actual loss of damages.

There is no quantifiable way of figuring out pain and suffering damages, but lawyers can base the amount on how the injured person’s lifestyle has changed as well as the kind of damages awarded for similar cases in the past. Damages are calculated via a partnership between the plaintiff and the lawyer. The injured individual has to be able to articulate and verbalize how their life has changed in order for the attorney to calculate the actual damage amount. Also, the plaintiff needs to keep a record to show the amount of money they have lost as a result of the injuries.

Punitive Damages

Punitive damages come into play is when the defendant that the plaintiff is suing has done something so malice that the court says that the plaintiff can take money from the defendant as a punishment in addition to their actual damages and their pain and suffering damages. However, punitive damages are very rare in pedestrian accident cases.

Statute of Limitations

The statute of limitations for pedestrian accidents can vary. For most negligence cases in Long Island, the statute of limitations is three years. For medical malpractice, it is two and a half years. There are also many different statutes of limitations when it comes to suing a municipality, township, city, school board, or police department. An attorney could help you file a claim within the statute of limitations and also answer your questions regarding damages in Long Island pedestrian accident cases.