Augusta Premier Personal
Injury Attorneys

Compensation Available After a Pedestrian Accident

August 30, 2022Personal Injury

When you get hit by a car while walking, your life can change in an instant. Pedestrian accidents can result in serious and sometimes debilitating injuries, like brain trauma, broken bones, and spinal cord damage. These injuries often lead to significant financial hardship, as you may need expensive medical care and be unable to return to work.

In Georgia, pedestrians are entitled to compensation when they are injured by negligent drivers. If you were injured while walking, you could hold the driver accountable by filing an insurance claim or lawsuit. 

Georgia’s Fault-Based Accident Laws

Georgia is a fault insurance state, which means that drivers who are responsible for road accidents are financially liable for their victims’ damages. These damages include financial losses as well as pain and suffering. 

To uphold this financial responsibility, drivers in Georgia are required to carry liability insurance. When a driver causes an accident, this coverage pays for any injuries suffered by the victims, such as other motorists, passengers, and pedestrians. 

If you were involved in a pedestrian accident, you could file a claim against the driver’s insurance policy. You could also file a lawsuit against the driver in civil court. 

Economic versus Non-Economic Damages in Pedestrian Accidents

In a Georgia pedestrian accident claim, you can recover economic and non-economic damages. Economic damages include the expenses you incur after an accident, such as your past and future medical expenses; lost wages and future earnings; and damage to any of your property. You could also recover compensation to pay for mobility equipment, rehabilitation, and any other costs associated with your injuries. 

On the other hand, non-economic damages involve the physical pain and emotional suffering that you have experienced. Below are a few examples:

  • Chronic pain
  • Permanent disabilities
  • Loss of quality of life
  • Emotional distress
  • Depression and anxiety
  • Post-traumatic stress disorder

What Is the Average Value of a Pedestrian Accident Claim?

Pedestrian accident settlements depend heavily on your individual circumstances. Some plaintiffs receive a few thousand dollars, while others recover hundreds of thousands. To determine the full value of your pedestrian accident claim, it is important to consult with a lawyer.

Your case’s value can be influenced by certain factors:

  • Injury Severity: If you have very severe injuries, you are more likely to require extensive medical care and develop long-term complications. As a result, you could recover higher amounts of compensation for healthcare expenses, accommodations, and other injury-related expenses. You may also spend a longer time away from work, leading to more lost wages. You could also see a higher pain and suffering award due to the severity of your injuries. 
  • Your Ability to Work: Your ability to work will influence several parts of your accident claim. You will be awarded more lost wages if you need to be away from work for a longer period of time. If your injuries prevent you from returning to work, you could secure compensation for the earnings that you could have reasonably earned. Some insurance companies use days away from work to calculate pain and suffering, so you may also see more non-economic damages.

The best way to determine the value of your claim is to speak to an attorney who can help calculate your settlement. As soon as possible following your accident, contact an Augusta pedestrian accident lawyer to discuss your legal options.