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Pedestrian accidents can cause life-altering injuries, but victims may be to able to recover compensation for their loss. According to the Florida Statutes section 95.11(3)(a), victims have two years from the date of the accident to seek compensation. Skilled lawyers at Kogan & Disalvo could help you recover Boca Raton pedestrian accident damages. If you or someone you love was injured in a pedestrian accident, call today to schedule for a free consultation.
Defining Damages in Boca Raton
As defined by Boca Raton law, if a person is injured in a pedestrian versus automobile accident, they could file a lawsuit to recover Boca Raton pedestrian accident damages. Damages are either compensatory or punitive. Compensatory damages are broken up into two different categories: economic and non-economic damages. Economic damages are objectively verifiable and can include:
- Past and future medical expenses
- Past and future lost earnings
- Loss of use of the property
- Cost of repair or replacement of a vehicle
Non-economic damages are not quantifiable. They are subjective and include non-monetary losses such as:
- Pain and suffering
- Inconvenience
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium, which is the loss of affection or companionship of a spouse or permanently disabled child
Punitive damages are not awarded to compensate any loss and are instead meant to punish the defendant for their intentional or reckless conduct. For example, drunk driving, drag racing, and playing the game chicken could all be reasons for a jury to award punitive damages.
Calculating Damages
Boca Raton pedestrian accident damages are calculated by a jury. The attorney would calculate an injured person’s total medical expenses and lost wages by gathering all of their medical bills, receipts, and pay stubs, and present this to the jury for their own calculation. Calculating non-economic damages like pain and suffering is more difficult because there are no bills or receipts to add up.
The attorney would make an argument to the jury depending on the extent of the injury regarding the pain the person felt and may continue to feel and any inconvenience the person suffered. Examples include:
- Being unable to walk for a period of time
- Being in a cast
- Having to rely on friends and family to take care of the person
- Any stress or anxiety the injury caused to the person
It would be up to a jury to decide how much money to award an injured person for their pain and suffering. In Boca Raton, there is no cap on compensatory damages for pedestrian accident cases. A well-established lawyer could help an injured person calculate the damages related to their case.
Comparative Negligence Law
Florida is a modified comparative negligence state, not a contributory negligence state. Some ways that comparative negligence may impact liability in pedestrian accident cases is if the pedestrian was not paying attention or the pedestrian violated traffic laws. The pedestrian’s overall monetary jury award would be reduced by the percentage that a jury finds the pedestrian 50% or less at fault for their own injury. If the pedestrian is found to be 51% or more at fault, they are barred from recovery entirely.
If you or someone you love was injured in an accident, call a personal injury lawyer with experience recovering Boca Raton pedestrian accident damages. The attorneys at Kogan & DiSalvo could help fight for your rights in your personal injury case.
