Pedestrian accidents in California are common. It’s so common that one of the most asked questions by Californians involved in a motor vehicle accident is, “What’s the maximum compensation for pedestrians hit by motorists?”
It’s natural to want to know how much a victim can recover from their accident.
If you were a pedestrian injured in a car accident, below is a list of expenses you may encounter in your research about compensation.
Straightforward costs
Most compensation is easy to calculate. These are costs based on actual documented financial losses. They include:
- Medical expenses: These include hospital stays, surgeries, doctor visits, therapy and medication.
- Lost wages: These are income lost due to missed work, including future earnings if the pedestrian cannot return to work.
- Property damage: These are costs incurred in repairing or replacing property damaged in the accident, such as clothing, phones, laptops and other personal items.
Non-economic costs
Costs that require a court’s determination are more challenging to calculate. These costs are more subjective and can vary wildly, often determined only after an exhaustive litigation proceeding. They include:
- Pain and suffering: Emotional and physical pain bear costs you can recover.
- Loss of consortium: Compensation for the accident’s impact on the pedestrian’s relationships.
- Future medical expenses: These are ongoing and future treatment cost estimates.
- Punitive damages: The court awards compensation in cases of proven gross negligence or intentional harm.
Adding the economic and non-economic costs together gives you a rough estimate of the amount you can recover.
How much in total can you get?
California does not cap damages in personal injury or car accident cases. However, it caps medical malpractice damages at $250,000. Proposition 213 also prevents uninsured motorists from recovering non-economic damages.
Calculating the total amount you can recover can take time and effort. It can vary significantly depending on several factors, including specific circumstances and evidence presented. A personal injury lawyer can better advise and help you on this matter.