Pedestrian accidents in Maryland can lead to severe injuries and significant financial burdens for victims. When a pedestrian is struck by a vehicle, the physical, emotional, and financial impacts can be overwhelming. Understanding the types of damages that can be recovered in a pedestrian accident claim is essential for victims seeking compensation for their losses.
Maryland law provides a framework for recovering damages, but the process can be complex and requires careful navigation. This comprehensive guide explores the various damages that can be recovered in Maryland pedestrian accident claims, providing insight into the legal avenues available for victims to seek justice and financial relief.
Medical Expenses and Treatment Costs
One of the primary damages recoverable in a pedestrian accident claim is medical expenses. This includes the cost of emergency medical care immediately following the accident, as well as ongoing treatment expenses. Victims may need hospitalization, surgeries, physical therapy, and other forms of medical care. These costs can quickly add up — creating a significant financial burden for the injured party. Additionally, victims may require long-term medical care or rehabilitation, which can be costly. In Maryland, victims can seek compensation for these medical expenses, ensuring that they are not left to bear the financial burden of their injuries alone.
Lost Wages and Loss of Earning Capacity
Pedestrian accidents often result in injuries that prevent victims from working, either temporarily or permanently. When an injury causes a victim to miss work, they may be entitled to recover lost wages. This includes the income they would have earned during their recovery period. In cases where the injuries result in a permanent disability or reduce the victim’s ability to work, they may also seek compensation for loss of earning capacity. This involves calculating the difference between the victim’s earning potential before and after the accident. Maryland law allows victims to pursue these damages, recognizing the long-term impact that a pedestrian accident can have on a person’s ability to earn a living.
Founding Partner Founding Partner Attorney Attorney Attorney
Michael J.
Schreyer
Andrew D.
Alpert
Christopher
Murphy
Michael
Berman
Michael
McCubbin
Pain and Suffering
Beyond the tangible financial losses, pedestrian accident victims often endure significant physical pain and emotional suffering. Pain and suffering damages are designed to compensate victims for the non-economic impact of their injuries. This includes the physical pain experienced as a result of the accident, as well as the emotional distress and mental anguish caused by the trauma. While these damages are more subjective and challenging to quantify, they are an important aspect of a pedestrian accident claim.
In Maryland, the court considers various factors, such as the severity of the injuries and the impact on the victim’s quality of life, when determining the amount of compensation for pain and suffering.
Property Damage
In some pedestrian accidents, victims may also experience property damage. This can include damage to personal items such as clothing, electronic devices, or other belongings that were damaged or destroyed in the accident. Although property damage may not be as significant as medical expenses or lost wages, it is still a recoverable loss. Victims can seek compensation to repair or replace the damaged property, ensuring that they are fully compensated for all aspects of their losses.
Amazing firm. Went above and beyond in making me feel welcomed, informed, and at ease considering the serious reasons for me being there. It was my first time dealing with something like this and it was comforting knowing I had a whole team behind me working to get the best outcome possible which they did. Highly recommend this firm to anyone looking for a good reliable lawyer who will work with you and be considerate of your well being.” - Daniel Torres
Disability and Disfigurement
Severe pedestrian accidents can result in permanent disabilities or disfigurement. These injuries can have a profound impact on the victim’s life, affecting their ability to perform everyday activities and diminishing their overall quality of life. The law recognizes the significant impact of permanent injuries and allows victims to seek compensation for disability and disfigurement. This includes damages for the physical limitations imposed by the injury and the emotional toll of living with a permanent disfigurement. Compensation for these damages aims to provide financial relief for the lifelong impact of such injuries.
Loss of Consortium
In some cases, the injuries sustained in a pedestrian accident can affect the victim’s relationships with their spouse or family members. Loss of consortium refers to the deprivation of the benefits of a family relationship due to the injuries sustained. This can include the loss of companionship, affection, and support that the injured party would have provided to their spouse or family members. In Maryland, spouses of injured victims can seek compensation for loss of consortium, recognizing the broader impact that a pedestrian accident can have on the victim’s family life and relationships.
Value of a Personal Injury Case Choosing a Personal Injury AttorneyRelated Videos
Emotional Distress and Mental Anguish
The trauma of a pedestrian accident can lead to significant emotional distress and mental anguish for the victim. This can manifest in various ways, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. These emotional and psychological impacts can be debilitating, affecting the victim’s ability to function in their daily life. Maryland law allows victims to seek compensation for emotional distress and mental anguish, acknowledging the profound impact that a pedestrian accident can have on a person’s mental well-being. Compensation for these damages aims to provide financial relief for the therapy and counseling needed to address the psychological aftermath of the accident.
Punitive Damages
In certain cases, pedestrian accident victims may be entitled to punitive damages. Unlike compensatory damages, which are intended to reimburse the victim for their losses, punitive damages are designed to punish the at-fault party for particularly egregious or reckless behavior. Punitive damages are awarded in cases where the defendant’s conduct was intentional or demonstrated a reckless disregard for the safety of others. These damages serve as a deterrent, sending a message that such behavior will not be tolerated.
While punitive damages are not awarded in every case, they can provide additional compensation and a sense of justice for victims who have suffered due to the extreme negligence or misconduct of the at-fault party.
Verdicts & Settlements
Wrongful Death Damages
In the tragic event that a pedestrian accident results in the victim’s death, the surviving family members may pursue a wrongful death claim. Maryland law allows the immediate family of the deceased to seek compensation for their loss. Wrongful death damages can include funeral and burial expenses, loss of financial support, loss of companionship, and emotional pain and suffering experienced by the surviving family members. These damages aim to provide financial support and recognize the profound loss suffered by the family. Pursuing a wrongful death claim can be a complex and emotionally challenging process, but it is an important step in seeking justice and financial relief for the surviving family members.
The Legal Process for Recovering Damages
Navigating the legal process for recovering damages in a pedestrian accident claim can be intricate and requires a thorough understanding of Maryland’s personal injury laws. The first step is to establish liability by proving that the at-fault party’s negligence caused the accident and resulting injuries. This involves gathering evidence, such as witness statements, accident reports, and medical records. Once liability is established, the next step is to calculate the damages. This includes both economic and non-economic losses, as well as any potential punitive damages. Working with an experienced attorney is crucial in this process, as they can provide the legal experience and support needed to build a strong case and negotiate with insurance companies or represent the victim in court.
75% of people who are injured due to someone else's negligence don't believe they could pursue an injury claim. 95% of personal injury cases are settled pretrial. Typically, only about five percent of personal injury claims will go to trial. $0 is the amount it will cost you to contact us and start your personal injury claim. Reach out for a free consultation.Personal Injury Statistics
Fight for the Compensation You Deserve — Contact Us Today
If you or a loved one has been involved in a pedestrian accident in Maryland, it is essential to seek legal assistance to navigate the complexities of the claims process and ensure that you receive the compensation you deserve. Alpert Schreyer, LLC is committed to helping pedestrian accident victims recover damages for their injuries and losses. Our dedicated team of attorneys has extensive experience handling pedestrian accident claims and will work tirelessly to protect your rights and pursue justice on your behalf.
We understand the physical, emotional, and financial challenges you face, and we are here to provide the support and guidance you need during this difficult time. Contact Alpert Schreyer, LLC today to schedule a consultation and take the first step towards recovering the compensation you deserve. Let us help you on the path to healing and recovery.