Can I File a Personal Injury Lawsuit if I Was Hurt in a NYC Pedestrian Accident?

 Posted on June 10, 2021 in Car Accidents

Many New York City residents and visitors traverse the city on foot. Unfortunately, the increased number of pedestrians sharing the roads with vehicles increases the risk of pedestrian knock down accidents. If you or a loved one were injured in a pedestrian accident in NYC, it is important to explore your legal options. A personal injury claim against the at-fault driver may enable you to recover monetary damages while simultaneously holding the driver accountable for the accident.  

Personal Injury Lawsuit Basics

A personal injury claim is a civil claim used to collect damages. Damages are monetary compensation for the harm caused by an injury or death. In some cases, personal injury claims accompany criminal charges brought by the state. However, criminal charges or a criminal conviction are not needed to bring a successful personal injury lawsuit. In New York, most personal injury lawsuits are based on an allegation of negligent or wrongful action.

Pedestrian accident injury lawsuits often involve:

• Drunk drivers
• Drivers who are intoxicated by prescription medication or illicit drugs
• Distracted drivers including drivers who are using an electronic device
• Young or inexperienced drivers
• Inattention to the road
• Speeding, running a stop signal, or other traffic law violations
• Road rage

If another driver’s reckless, irresponsible, or unlawful behavior caused a pedestrian accident in which you or a loved one were injured, you may have a valid claim. You may be entitled to compensation for your financial and non-financial damages.

Types of Damages in a Pedestrian Accident Case

Being struck by a vehicle often results in life-changing consequences. The types of damages available to pedestrian accident victims and their families vary from case to case. However, the most common categories of damages include:

• Medical costs – Broken bones, spine injuries, and traumatic brain injuries are just some of the injuries a pedestrian accident victim may suffer. These injuries typically require significant medical care including emergency room treatment, hospitalization, diagnostic imaging tests, and surgery. You may be entitled to compensation for emergency medical care as well as ongoing medical treatments such as physical therapy or counseling.
• Lost income from missed work - A serious pedestrian accident can leave the victim unable to work. If you had to miss work while recovering, you may recover compensation for your lost wages.
• Pain and suffering – Pedestrian accidents can cause profound physical and mental suffering. You may be entitled to compensation for physical pain as well as emotional and mental anguish caused by the accident.
• Disfigurement – If your injuries led to significant scarring, facial trauma, dismemberment, or another type of disfigurement, you may also recover compensation for the changes to your appearance.
• Loss of enjoyment of life – If your injuries led to permanent impairment which prevent you from enjoying life as you could before the accident, you may be entitled to compensation for these intangible losses.

Contact a New York City Pedestrian Accident Lawyer

If you or a loved one were hit by a car, contact a New York personal injury lawyer from Ivey, Barnum & O’Mara, LLC for help. The New York personal injury statute of limitations restricts the timeframe during which you can file a lawsuit, so it is important to get started right away. Call us at 203-661-6000 today for a free consultation.

Source:

https://www.nysenate.gov/legislation/laws/CVP/214