When injuries cause you to miss work or render you unable to return, you should know how to seek compensation for lost income after a pedestrian accident. Depending on the severity of your injuries, you may be eligible to recover a diminished or lost earning capacity. Calculating these income losses can be challenging without a comprehensive understanding of the insurance claims and legal processes.
You should consult a pedestrian accident lawyer to thoroughly evaluate the full scope of damages in your case before filing a lost income insurance claim. They will best advise you on how to seek compensation for lost income after a pedestrian accident—and for other losses, such as permanent impairment and pain and suffering. Schedule a free case evaluation today.
Pedestrian Accidents
Pedestrian accidents generally involve more severe injuries, lengthier recovery timelines, and substantial damages, primarily because victims are exposed to the full impact of the crash without the protection of a vehicle. Often resulting in wrongful death, pedestrian fatalities account for 18 percent of all motor vehicle collision deaths. These accidents are most common in urban areas.
Types of Lost Income
Compensation for lost income after a pedestrian accident depends on various factors, including the severity of your injuries and the length of treatment and recovery. Standard types of lost income that you may seek compensation for are as follows:
- Hourly Earnings: If you are paid an hourly income, you can claim these income losses by multiplying your hourly rate by the number of hours you missed and will miss from work due to your pedestrian accident-related injuries.
- Annual Salary: Salary employees will divide the hours or days typically worked each year before multiplying their hourly or daily salary by the number of hours or days they’ve missed and will miss from work due to their pedestrian accident-related injuries.
- Overtime and Bonuses: You may recover these losses if pay stubs and income statements verify overtime and bonuses are part of your lost income due to injuries sustained in a pedestrian accident.
- Sick Leave and Vacation Time: Pedestrian accident victims who earn sick leave and paid vacations may calculate those losses when filing for lost income. An employer’s lost income statement may verify these lost earnings.
- Lost Promotion Opportunities: Proving lost promotion after a pedestrian accident involves establishing a direct link between your injuries and your inability to perform the duties necessary for the promotion. A letter from your employer that outlines the criteria you’re expected to meet and medical records detailing your limitations and restrictions prohibiting you from a potential promotion is viable evidence.
- Lost Benefits: You may be eligible to recover compensation for lost benefits when injuries are severe enough that you can no longer perform your job duties, causing you to lose health and retirement benefits. Depending on state jurisdiction and policy limits, lost benefits damage may include the cost of obtaining new health insurance coverage while you’re unable to work.
- Self-Employment: Pedestrian accident victims who are self-employed as sole proprietors, independent contractors, business partners, or owners may have more difficulty calculating lost income than hourly or salaried employees. You’ll require 1099 income statements, bank statements, and other financial documentation demonstrating how much income you have lost and stand to lose due to your injuries.
If your injuries prohibit you from returning to work at full capacity, you may calculate your diminished earning capacity. That is the money you would have earned in the future had you not sustained life-altering injuries. A pedestrian accident lawyer will calculate your lost earning capacity, factoring in your age, work history, job type, education, training, and severity of your injuries—with the help of economic and vocational experts.
Is There a Damage Cap on Lost Income?
Lost income is economic damage in pedestrian accident cases that can be proven by financial documents demonstrating their monetary losses. There are no damage caps imposed on economic damages, including lost income. However, state jurisdiction determines whether there is a cap on non-economic damages, such as pain and suffering.
How a Lawyer Will Help Seek Compensation for Lost Income After a Pedestrian Accident
A significant benefit of hiring a lawyer to help seek compensation for lost income after a pedestrian accident is their offer of contingency fee arrangements. A contingency or contingent fee arrangement dictates that there are no upfront or out-of-pocket costs for claimants to retain legal counsel. They also do not get paid unless you do.
A pedestrian accident lawyer will review the details of your claim at your free initial consultation to determine if you have a valid case. Because they work for contingency, they will not accept cases in which they are not confident they can secure a financial settlement. When you hire an attorney, they should disclose their contingency fee and provide you with your representation agreement in writing.
Case Evaluation and Legal Strategy
A pedestrian accident attorney begins with a free case evaluation to discuss the merits of your case and develop a legal strategy for recovering financial compensation for your damages. During your consultation, they will review evidence before discussing possible strategies and outcomes.
You should come prepared for your case evaluation with any evidence you’ve obtained and questions you have before choosing your pedestrian accident attorney. These consultations serve as an interviewing process to help you find the right lawyer for your needs. Your evidence provides a clearer picture, allowing them to assess your claim thoroughly.
Reviewing Your Insurance Policy
Your attorney will review your auto policy to determine if you carry coverage to help offset the costs until you secure your settlement. Personal injury protection (PIP) is mandatory coverage in some states and optional in others. It is a no-fault insurance that covers pedestrians, regardless of who caused the accident.
PIP is not offered in all states; for example, it is unavailable in California. Medical payments (MedPay) is an optional add-on to help alleviate healthcare expenses after a collision. However, it does not compensate for lost income. You’ll need a lawyer to seek compensation for lost income after a pedestrian accident through an insurance claim or civil lawsuit. They will investigate all viable sources of compensation for your financial losses and additional damages to alleviate your financial burden as quickly as possible.
Determining Liability and Proving Negligence
To successfully seek compensation for lost income after a pedestrian accident, your attorney must determine liability and prove negligence. Generally, the driver is at fault, and lawyers negotiate with their insurance companies to secure a settlement. However, some circumstances may warrant other or multiple liable parties, for example:
- Truck Accidents: If a commercial truck hits a pedestrian, an attorney may seek compensation for lost income and other damages from the driver’s and trucking company’s insurance companies. Injuries tend to be more severe in truck accidents. Filing against trucking company insurers helps prevent driver policy limits from falling short of covering the expense of your damages.
- Bus Accidents: Pedestrians hit by city transit may seek compensation for lost income and other damages from the driver’s insurance company. However, through vicarious liability, they may also secure compensation from the bus company. Municipalities may be liable if the city’s negligence contributed to the accident.
- Work Vehicle Accidents: Suppose someone is operating a vehicle while on the job; your attorney may seek compensation from their employer’s insurance. A legal doctrine called respondeat superior holds employers vicariously liable for their employee’s negligent actions, provided they happened while operating within the scope of employment—for example, delivery drivers.
- Rideshare Accidents: If a rideshare driver hits you, your pedestrian accident attorney may seek compensation from the driver’s auto insurer and the company’s (Uber and Lyft) third-party liability insurance.
- Poor Road Conditions: When poor road conditions contribute to or cause pedestrian accidents, government agencies may be liable for compensating lost income and other damages. Examples of poor road conditions include large potholes, missing road signage, unmarked crosswalks, and insufficient lighting. The U.S. Department of Transportation’s Federal Highway Administration denotes that pedestrians are likelier to be in a fatal crash due to poor lighting conditions.
An experienced pedestrian accident lawyer will investigate all possible liable parties before proving negligence and a need to compensate you for damages. This practice helps ensure all liable parties are held accountable, and you receive maximum compensation for your injuries and damages.
Thoroughly Assessing and Calculating All Damages
Before seeking compensation for lost income after a pedestrian accident, your attorney will comprehensively evaluate your claim’s damages. Examples of standard damages you may recover in your pedestrian accident settlement are as follows:
- Medical Costs: Expenses associated with medical care after a pedestrian accident are viable damages for your injury claim. Medical costs may include emergency services, hospitalizations, surgical care, primary care, assistive devices, dental care, and future medical expenses. The costs of copays and deductibles are also recoverable damages.
- Rehabilitation Services: Pedestrian accident injuries often require extensive rehabilitation and pain management. These services may involve physical therapy, chiropractic care, orthopedics, traction, and vocational and occupational therapy. Alternative medicine, such as massage and acupuncture, may also be recovered.
- Disability Damages: Concerning disability, you may seek compensation for your disability type and the expenses associated with adjustments needed to maintain daily function. Some costs may include wheelchair-accessible vehicles or modifications making existing vehicles operable. They also cover the costs of home modifications, such as ramps, chair lifts, and accessible kitchens and bathrooms.
- Property Damages: Any property damaged or destroyed in a pedestrian accident is viable damage in your insurance claim or lawsuit. Examples of property pedestrians seek compensation for include glasses, sunglasses, cell phones, clothing, groceries, and portable electronic devices.
- Household Services: Pedestrian accident victims who require hired assistance for household services can recoup compensation for those costs in their claim. Household or domestic services involve housecleaning, laundry, cooking, and yard maintenance. They may also entail childcare, daycare, and senior care costs for those who care for elder parents but are unable to due to injuries sustained in a pedestrian accident.
- Delivery Services: Injured parties who can not drive may depend on delivery services to address some of their needs—for example, grocery, meal, and prescription deliveries.
- Pain and Suffering: In addition to monetary losses, injured parties often have non-economic damages or pain and suffering that they may seek compensation for after a pedestrian accident. Pain and suffering include chronic physical pain and emotional suffering. It can be considerably more challenging to quantify without a pedestrian accident attorney.
- Mental Anguish and Emotional Distress: It’s common for pedestrian accidents to cause significant emotional distress, mental anguish, and psychological trauma. The aftermath may manifest into anxiety, post-accident depression, and post-traumatic stress disorder (PTSD). While you may seek compensation for these damages, it’s important to note you may only do so if physical injuries accompany them.
- Loss of Consortium: When injuries after a pedestrian accident impact your relationship with your spouse or family members, you may seek compensation for loss of consortium. Loss of consortium refers to a loss of companionship, affection, support, guidance, and physical intimacy.
- Loss of Enjoyment of Life: The loss of enjoyment in life is a non-economic damage, highlighting the diminished ability to participate in activities you previously enjoyed, such as sports and hobbies. It demonstrates the impact of injuries on your quality of life.
- Disability and Disfigurement: Permanent disabilities, disfigurement, and scarring can have a significant impact on a pedestrian accident victim’s life. They may affect their ability to perform daily tasks, diminishing their quality of life. Compensation for disability and disfigurement aims to financially relieve the lifelong impact of these injuries on pedestrian accident victims.
n the tragic event of wrongful death, families may seek compensation for their loved one’s damages and their own pain and suffering. Wrongful death damages may include final arrangement costs, final medical expenses of the decedent, and lost income of the decedent from the date of the accident to their death. Family may also be compensated for loss of financial support, factoring future earnings, loss of consortium, loss of parental guidance, and the lost prospect of an inheritance.
Negotiating Reasonable Settlements With Insurance Companies
Seeking compensation after a pedestrian accident involves an often arduous negotiating process. Your lawyer will send a demand letter, typically countered with a ridiculously low offer. It’s the starting point for negotiating a reasonable settlement. Most cases are resolved during the negotiation process. When negotiations prove unsuccessful, your attorney will explain the process of filing a civil lawsuit to seek compensation for lost income after a pedestrian accident.
Consult an Experienced Pedestrian Accident Lawyer
Speak to a personal injury attorney to discuss the merits of your case. You’ll want to bring evidence demonstrating income losses and other damages to help your lawyer gauge the magnitude of damages in your case. Schedule a free consultation today.