Compensation In Pedestrian Knockdown Or Accident Cases
Types Of Compensation Someone Might Be Eligible For If They Are Involved In A Pedestrian Accident
They’re entitled to No Fault benefits, which is having your medical bills paid by the insurance company and any type of loss wages. In case if you have certain types of injuries, you’re entitled to compensation for those injuries. In terms for pain and suffering, if you can’t work or you have a diminished capacities to work, you’re certainly entitled to economic losses such as the loss in your ability to perform the same level you used to.
The Law Office of Michael H. Joseph, PLLC, has represented a lot of small business people who basically work for themselves and after an accident, they just can’t work as much or as often as they used to. So, a lot of times, they’ve had economists come in to do full-scale forensic evaluations in terms of what a particular person lost, what their reduced earning capacity is, and that’s certainly recoverable also in the lawsuit where it can be supported by adequate proof such as tax returns and business records etc.
In terms of wrongful death, if someone’s actually killed in a car accident, then their next-of-kin generally has the right to bring a claim in the name of the state and sue for the person’s pain and suffering pre-death, before they died. A lot of cases will hire forensic pathologists and other types of experts to be able to testify and document exactly how long the person would have lived with these types of injuries.
They’re also entitled to economic losses such as loss of support; and if it’s a father of children, loss of education. There certainly are ways to place a value on those things. Then they have an economist do a projection throughout the course of the life of what the person’s next-of-kin has lost because of their death.
Overall, it can get very complicated but the wrongful death lawyers at the Law Office of Michael H. Joseph, PLLC, certainly have the experience in New York City and Westchester to fully assess these types of damages.
In Case Of Wrongful Death, Is It Any Family Member Or Someone Related By Marriage That Can File The Wrongful Death?
It usually goes by the definitions in the New York Estates, Powers and Trust law and usually it’s a spouse or children.
Those are the most common people who can sue but obviously if there is no spouse or child left behind of the person who passed away, like if it’s a young person, a lot of times the parents can pursue the action or just anybody who is listed as a distributee in the New York Estate, Powers and Trust law.
Biggest Challenges People Face In These Types Of Cases
The biggest challenge is finding a suitable lawyer who is willing to take the case. A lot of times, these insurance companies will lie to people and just tell them they don’t have a case or it’s not worth much so they settle quickly and they offer them a very small amount of money before they really know what their rights are.
Another big challenge is people who just don’t know. They don’t know that when they are hit by a car, they have a right to have their bills paid and they have a right to force the insurance company to make sure that they pay their lost wages and for their medical bills and they can get the treatment they need.
This is particularly true for people in some of the poor communities who don’t have insurance and are typically intimidated and unfortunately, they sometimes live with the injury without it getting treated. That’s really a shame.
Get information regarding Compensation In Pedestrian Knockdown Or Accident Cases, or call the law office of Attorney Michael Joseph for a free initial consultation at (914) 574-8330 and get the information and legal answers you’re seeking.