Liability in Cherry Hill pedestrian accidents’ initial findings may be determined by a police officer that arrives at the scene. However, if it is a contested matter, ultimately a jury in Canton County, New Jersey will make the ultimate determination of liability or responsibility. Depending on how liability is determined, an individual may recover a wide array of damages.
To determine the specific damages available in your Cherry Hill pedestrian accident case, it is important to consult with a knowledgeable Cherry Hill pedestrian accident lawyer as soon as possible. An experienced attorney will be able to determine liability and assess the damages accordingly.
Broken Bones Injuries
When a person walking on a roadway is struck by a moving vehicle, they are unprotected against a large vehicle on impact and therefore broken bones typically occur. Every case involving a broken bone of a pedestrian is unique and depends on where the break occurred and the type of break, and what type of impact it will have on the person’s healing and ultimately their life.
Significant breaks that do not heal properly could prevent people from returning to work and may lead to life-long suffering. Other breaks may heal quickly and allow people to return to work with only some minimal outstanding medical bills and minimal future discomfort. Every case is unique involving a pedestrian with broken bones and must be treated that way. Damages for physical suffering in recovery after receiving broken bones can be incurred.
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Types of Damages
Damages in a Cherry Hill pedestrian accident case include both economic and non-economic damages. Economic damages include medical bills, wages, and other things that can be quantified.
Non-economic damages are damages for a person suffering, for their pain, for any permanent disability that they may have incurred, or for any impairment of activities or life. These are the types of non-economic damages that are available to pedestrians who are injured.
Furthermore, if it is found that the driver of the vehicle was intoxicated because of drugs or alcohol or was using their cell phone at the time, then the injured person may be entitled to punitive damages which are meant to punish the driver.
Calculating Awards
Damages are calculated in Cherry Hill pedestrian accident cases by first gathering the economic damages which would be any outstanding medical bills or future medical expenses that might have incurred, and also determine what types of wages have been lost in the past and what kind of wages are expected to be lost in the future.
These numbers can be calculated with near precision. The more difficult damages to calculate in Cherry Hill pedestrian accident cases are the non-economic damages to pain and suffering, the impairment, the disability and the loss of enjoyment of life. Those damages are typically calculated by a jury.
Damage Cap
There is no cap on damages in Cherry Hill pedestrian accident cases if the case involves a motor vehicle that is owned by a private entity. There may be some caps or limits on damages if the vehicle is owned by a public entity, but generally speaking, there are no caps.
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Statute of Limitations
The statute of limitations for a pedestrian injured in Cherry Hill is two years. An adult has two years from the date of the incident to bring a formal lawsuit for the injuries they sustained.
However, if the injury involves a minor, someone under the age of 18, their statute of limitations or their right to sue does not begin to run until they turn 18. They would have two years from their 18th birthday to bring a suit.
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