Pedestrians who are injured in accidents often want to know “how can I make a claim for my injuries?” or “how do I get compensated for my pain and suffering?”
Under Delaware car and pedestrian accident law, a pedestrian injured due to the negligence of a driver may be entitled to receive reasonable financial compensation for the pain and suffering caused by the accident and injuries.
Pain and suffering damages are meant to compensate an injured party, the plaintiff in a lawsuit, for physical pain, mental anguish, loss of enjoyment of life, loss of ability to enjoy hobbies, etc.
For example, a pedestrian is hit while crossing the street in a crosswalk. The driver was speeding and simply wasn’t paying attention. The pedestrian suffers a serious fracture in the knee, which requires major surgery with a bone graft and subsequent surgeries due to complications with the pins and screws placed in the bones. The pedestrian would be able to make a claim against the driver and recover pain and suffering damages from the accident, injuries, medical treatment, etc.
Also, an injured pedestrian’s spouse may have a valid loss of consortium claim. This is a derivative claim for damages meant to compensate a spouse for changes in the relationship, such as loss of physical intimacy after an accident.
How Pain & Suffering Damages Are Determined in a Car Accident Case in DE
In a personal injury action, the rights and responsibilities of the parties are decided based on monetary value. There is no set formula to determine the monetary value of pain and suffering. The facts and circumstances of each case vary. Pain and suffering is unique to each person and is based on the type of accident, extent of injuries, etc.
During the litigation process, evidence of pain and suffering will be evaluated and presented by the lawyer. For instance, testimony may be presented showing that a pedestrian who suffered a knee injury was unable to walk his daughter down the aisle at her wedding. Ultimately, the amount of financial compensation will be determined by a judge, jury or in some cases, an arbitrator.
Related DE pedestrian accident articles:
- Pedestrians Walking Outside of a Crosswalk – Delaware Accident Law
- Pedestrian Accident Prevention, by a Delaware Pedestrian Accident Lawyer
Wilmington Car & Pedestrian Accident Lawyer with Over 30 Years of Experience
Since 1982, firm founder, Martin Knepper, has served residents of the Wilmington, DE area 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.
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