Can I Sue for Pain and Suffering after a Pedestrian Accident?

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With little protection in a collision, pedestrians almost always suffer severe injuries when they’re struck by motorists. The resulting medical bills are often just scratching the surface of the flood of losses that often stem from a serious accident. Many victims incur additional damages, such as lost income and replacement services.

However, there are some losses that won’t be reflected by your bills, invoices, and receipts. Non-economic damages essentially represent the psychological scars left behind by a wreck. Whether you experienced considerable pain and suffering because of your injuries or were unable to enjoy aspects of your life as a result of your condition, you may be able to recover compensation for such intangible losses.

When Can I Seek Non-Economic Damages after a Wreck?

Michigan is a “no-fault” state, which means that in most cases you will file a claim with your own insurance company to recover compensation for the losses resulting from an accident. In a pedestrian accident, there is an order of priority for seeking a payout, and you will usually receive compensation through your own auto insurance policy, a marital partner’s, or resident relative’s coverage.

However, this coverage can fall short of covering all your damages and will not provide compensation for non-economic damages. In such situations, you may be able to file a third-party claim against the at-fault driver to receive a financial award for losses such as pain and suffering, loss of enjoyment in life, and mental anguish.

To be eligible to file a lawsuit, your injury must meet the following criteria:

  • Your injury is perceivable or observable from actual symptoms.
  • Your injury inhibits an important body function. For example, a spinal cord injury may make it impossible for you to complete tasks vital to your job.
  • Your condition impacts your ability to lead the same lifestyle you were living prior to the accident. For instance, you may no longer be able to drive, take care of yourself, or engage in physical activity.

Unlike a first-party claim—wherein you will receive compensation even if you were responsible for causing the wreck—to succeed in a third-party claim, you will need to provide proof that shows that another party is liable for the accident.

Such evidence might include:

  • Photographs from the accident scene,
  • Surveillance camera footage,
  • Accident reports,
  • Eyewitness statements,
  • Expert witness deposition,
  • Blackbox data, and
  • Cellphone records.

A skilled personal injury attorney can help you gather the necessary evidence to support your claim by investigating the accident thoroughly on your behalf. He or she can also oversee the logistics of your case so that you can get back to focusing on your recovery.

Speak to a Pedestrian Accident Attorney in Detroit Today

If you were struck and injured by a negligent motorist, it may be in your best interests to pick up the phone and contact a personal injury attorney. At Seva Law Firm, we are ready to take your call.

Our legal team can assess your situation to determine whether you have grounds to pursue non-economic damages such as pain and suffering. We can also provide aggressive representation at all stages of proceedings. Call us today at (248) 385-5704 or drop us a message using our contact page HERE to schedule a free case review with a Detroit pedestrian accident attorney.