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Delaware Car-Pedestrian Accident Law – Damages in a Pedestrian Accident Case

Injuries resulting from pedestrian accidents are often severe. At high rates of speed, pedestrian accidents may be fatal. Injuries common in pedestrian accidents include:

  • broken/fractured bones in the lower extremities (legs, ankles, and feet)
  • broken/fractured bones in the upper extremities (arms, elbows, shoulders),
  • spinal injuries (spinal disc injuries and spinal cord injuries), and
  • head/brain injuries.

DE Pedestrian Accident Law – Damages Recoverable for Financial Injuries

Delaware car and pedestrian accident laws allow a negligently injured pedestrian to seek reimbursement for any financial losses which exceed PIP. The most common types of financial losses are medical bills and lost wages.

Medical Bills After a Pedestrian Accident in Delaware

In a serious accident situation, PIP can exhaust fairly quickly. An ambulance trip, ER visit, admission and surgery can easily exhaust the $15,000 minimum PIP limit required under Delaware car accident insurance law. After PIP is exhausted, the injured individual is initially responsible to pay the medical bills or may submit them to private health insurance. In some cases, a medical provider may be willing to accept a “letter of protection,” from the patient’s attorney. The medical provider basically agrees to forgo payment until after the case is resolved.

Subsequently, during the pending accident lawsuit, the medical bills (over PIP) are compiled and presented as evidence of the financial losses. Learn about making a PIP claim for medical bills after a car accident in DE.

Lost Wages After a Pedestrian Accident in Delaware

Lost wages may also be covered under PIP, but again in serious accident cases, when PIP exhausts quickly, the only resource for lost wages may be the individual’s short term or long term disability policy, if there is one. Those without disability policies may be forced to use vacation and sick leave to cover their time out from work. In a subsequent lawsuit, time lost from work will be presented as evidence of additional financial losses. In addition, there may be other types of damages, such as child care, home care, etc. Learn about making a PIP claim for lost wages.

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Delaware Car & Pedestrian Accident Lawyer with Over 40 years of Experience

Since 1982, Martin Knepper has served residents of Delaware in all personal injury matters, including car accidents and pedestrian accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717

Our lawyers serve residents throughout the Delaware area, including: Wilmington, Newark, Dover, Middletown, and Smyrna. We also represent residents of other states such as Pennsylvania, New Jersey, Maryland and Virginia who are injured in car or truck accidents while in Delaware. For more information, please contact us.

*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.

*Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

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