What damages are recoverable in pedestrian accident cases?
Plaintiff is entitled to recover damages for past and future and medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant). If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian’s death as well as emotional distress damages which stem from the loss of society care and comfort of the decedent. If the survivors can prove that the pedestrian lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.
The injured party may recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering. If the defendant’s conduct is extreme, punitive damages may be awarded. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian’s death, as well as damages which stem from the loss of society care and comfort of the decedent.
