Recoverable Damages in Virginia Beach Pedestrian Accident Cases
Following an incident where you were hit by a motor vehicle, you could be experiencing many kinds of losses. Fortunately, depending on the circumstances, there are various types of recoverable damages in Virginia Beach pedestrian accident cases. The experienced attorneys at Cooper Hurley Injury Lawyers can review your case and work to ensure that your claim includes all the damages to which you may be entitled.
Types of Damages in a Pedestrian Accident Case
In Virginia Beach pedestrian accident cases, damages fall into two main categories: economic and noneconomic damages. Economic damages would include medical bills, lost wages, money for prescriptions, expected future medical bills, and loss of earning capacity. In general, economic losses may include any quantifiable damage or something you can assign a specific dollar amount.
Noneconomic damages also are recoverable and are just as significant, and sometimes more significant, than economic losses. These include payments for pain and suffering, inconvenience, mental anguish, scarring and deformity, and any disruption to someone’s life after an accident.
For instance, if somebody is injured severely, bedridden, and cannot do the things they normally do, such as go to social gatherings or spend time with family, then those would be considered noneconomic damages and losses. There are no bills or invoices for emotional and noneconomic losses, which can make them more difficult to prove and negotiate.
What the injury attorney must do to make sure that an injured person receives fair payment for noneconomic damages is compile evidence to make a persuasive argument to present to an insurance company or jury. This can be done in many ways, including photographs, day-in-the-life videos, and testimony from before-and-after witnesses. Sometimes, an attorney may try to assign a specific dollar figure to these damages. Other times, they may leave it up to the jury.
If the at-fault driver’s conduct was egregious when striking the pedestrian, the injured person is sometimes eligible to receive punitive damages. Punitive damages are meant to punish the at-fault driver instead of compensating an injured person for their losses. In a VA Beach pedestrian accident case, an injured person may be eligible to pursue these damages.
For example, if an at-fault driver had an aggravated BAC of 0.15 or higher when causing a motor vehicle accident in Virginia Beach, the law the injured person is typically eligible to receive an award of punitive damages in addition to their payment for economic and noneconomic damages.
Damage Caps for Injury Cases in Virginia Beach
There is typically no cap on compensatory damages, whether economic or noneconomic, in VA Beach pedestrian accident cases. There is, however, a cap for punitive damages of $350,000 in Virginia cases, which could be in addition to any money awards for your economic and noneconomic damages.
Contact a Virginia Beach Attorney to Review Your Options for Compensation in Your Pedestrian Accident Case
After suffering incredible losses from being struck by a car or truck, you deserve to be appropriately compensated. The dedicated team at Cooper Hurley Injury Lawyers is here to help. We can assess your case and determine the recoverable damages applicable to your Virginia Beach pedestrian accident case. Call today for a free initial case consultation.