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What Can Pedestrian Accident Victims Be Compensated For in New York?

If you’ve been injured in a pedestrian accident in New York, you likely have mounting concerns about your physical health, emotional wellbeing, and financial stability. You may be entitled to compensation, but what exactly can you be compensated for? At The Orlow Firm, our experienced New York City Pedestrian Accident Attorneys can guide you through the complexities of the legal landscape to secure the compensation you deserve.

Key Takeaways:

  • Compensation for pedestrian accident victims can be broadly categorized into economic, non-economic, and punitive damages.
  • Economic damages include out-of-pocket expenses such as medical bills and lost wages.
  • Non-economic damages cover intangible losses like pain and suffering.
  • Under certain conditions, punitive damages may also be awarded to punish the defendant for exceptionally negligent or malicious conduct.
  • Understanding the specifics of New York’s No-Fault Law is critical for maximizing your compensation.

Economic Damages

Economic damages are out-of-pocket expenses directly related to the accident. Here’s what it typically covers:

Medical Expenses

  • Immediate Care: Emergency room visits, surgeries, and other immediate medical needs.
  • Ongoing Care: Physical therapy, medication, and other long-term healthcare needs.

Lost Wages

  • Immediate: Wages lost due to hospitalization and immediate recovery.
  • Future Earnings: Compensation for reduced earning capacity due to long-term injuries or disability.

Property Damage

  • Personal Belongings: Items like phones, clothing, or other valuables damaged in the accident.

Non-Economic Damages

These damages compensate for the intangible losses suffered due to the accident.

Pain and Suffering

  • Physical Pain: Compensation for the physical discomfort endured due to injuries.
  • Emotional Suffering: Anxiety, depression, and emotional distress can also be included.

Loss of Enjoyment of Life

  • This accounts for your inability to enjoy regular activities or hobbies you were engaged in before the accident.

Loss of Consortium

  • If your injuries adversely affect your relationship with your spouse or family, you may be compensated for it.

Punitive Damages

In some cases, punitive damages may be awarded to punish the defendant for extremely negligent or malicious behavior. These are rare but can substantially increase your compensation if applicable.

New York’s No-Fault Law and Its Relevance

New York operates under a No-Fault insurance system, meaning your own insurance company compensates you for medical expenses and lost wages, regardless of who was at fault. However, this does not cover pain and suffering, which is why filing a personal injury claim becomes essential.

Why Understanding No-Fault Law Matters

  • Initial Coverage: Helps you get immediate medical treatment without waiting for the liability to be determined.
  • Limits on Lawsuits: No-Fault Law puts restrictions on when you can file a lawsuit, so understanding these limitations is crucial.

Contact The Orlow Firm Today (646) 647-3398

Understanding the full scope of what you can be compensated for after a pedestrian accident in New York is essential for a successful claim. Whether you are looking to recover economic or non-economic damages, or even punitive damages in rare cases, the New York City Personal Injury Attorneys at The Orlow Firm can offer the skilled representation you need. Contact us for a comprehensive evaluation of your case.