Pedestrian accidents in Nevada are pretty devastating. They leave a trail of destruction behind, including severe injuries or even death. Pedestrian accidents mainly occur when pedestrians are walking along or crossing the road. Since pedestrians are not protected like vehicle occupants, even a minor accident will likely result in serious injuries. Fortunately, you are eligible for compensation if you sustain a pedestrian accident injury in Las Vegas. Nevada personal injury statutes will ensure you receive total payment for your losses. But, it would be best if you had competent legal support for a smooth and successful process. Talk to our skilled attorneys at Las Vegas Car Accident Attorney Law Firm for quality legal advice and support. We will fight with you until you obtain the compensation you deserve.
Types of Pedestrian Accident Injuries in Nevada
The roads must be safe for all users, inducing motorists, bicyclists, and pedestrians. Every user owes others a duty of care to carefully prevent accidents that bring a lot of destruction and losses. Pedestrians are the most affected when vehicle accidents happen. They do not enjoy the protection offered by vehicles. Therefore, when an accident occurs and a pedestrian is involved, they will likely sustain severe injuries.
Pedestrians sustain all types of injuries when hit by a vehicle. Some injuries are minor, while the others are devastating. The gravity of injuries sustained depends on the severity of the crash itself. An accident with greater force and impact will likely result in more significant injuries. Here are some injuries you could sustain in a pedestrian accident:
Fractured and Broken Bones
Fractured and broken bones are very common in car accidents. These injuries occur when one or more of your bones break due to an accident's impact. When a vehicle hits you, you will likely fall on hard pavement. The clash between your body and the car and your body with a hard surface could leave some of your bones fractured or broken. The fracture is more severe since pedestrians do not wear any protective clothing.
Broken and fractured bones are expensive to treat. You need medication to manage the pain, therapy, and sometimes surgery. It could take a long time to have the fractured bones back in their usual forms. That is why you deserve compensation for the medical costs you will incur, and the time you will miss work to recover from your injuries.
Disfigurements are also pretty standard with pedestrian accidents. The severity of a disfigurement depends on the force and impact of the crash and the part of your body that was hit the most. Some people lose a limb or two in an accident. Others are left with permanent scars on their face and other visible body parts. Their lives are not the same again.
Disfigurements change the look and feel of your body. It could affect your self-esteem and confidence later in life. Some disfigurements can be corrected, but for others, you have to live with them. Fortunately, Nevada personal injury statutes provide compensation for bodily disfigurements after an accident. It could be challenging to quantify how much you have lost due to disfigurement, but you can receive sufficient compensation to help you deal with your loss.
Some disfigurements result in permanent or temporary disability. For instance, lost limbs could leave you with a long-term disability. Treatment can include surgery and therapy, which costs a lot of money. It could also take a long time for you to heal completely, if at all. That is why you deserve payment for your injuries.
People worry more about external injuries after an accident. But the internal ones are significant too and require more attention and adequate treatment to protect your internal organs from damage. Internal injuries are generally devastating and could result in death if not treated well and right after the accident. They are not as obvious as external injuries, but they can hurt more than external injuries, primarily if they affect your vital organs.
For instance, an internal injury can cause internal bleeding, a severe condition that could result in death if not treated on time. Damage to an internal organ is brutal, however slight the injury is.
It is advisable to seek medical treatment right after an accident, even if you do not feel or look hurt. A skilled medical practitioner will conduct an in-depth investigation, looking for signs of an injury. Internal injuries can be effectively treated if diagnosed early enough.
Depending on the severity of the accident, they could cost a lot of money and take time to heal. Thus, you deserve adequate compensation to receive proper and quality treatment after an accident.
The human head is delicate and prone to devastating injuries even after a minor accident. Since pedestrians are not required to wear protective garments, their head is usually at risk of severe injuries in a car accident. When your head is injured, it could result in long-term disabilities.
If a speeding car hits you, you will likely fall to the ground at a significant impact. Your head will crash against the road or the vehicle's body. The effect of the crash on the head is usually substantial, resulting in catastrophic injuries. The impact could break or crack your skull, or you could sustain a brain injury. Again, head injuries cause brain bleeding, affecting your wellbeing.
Head injuries require quality diagnosis and treatment. It could take a long time and more money for you to recover completely. Some head injuries leave the injured with permanent disabilities. Others require long-term treatment. You need adequate compensation if you have suffered a head injury in an accident. The money will cater to your medical and personal needs since you need time off work to recover.
Lacerations, Abrasions and Contusions
Your skin will most definitely be affected by the accident's impact. Some injuries affect the skin's outer surface, while others run deeper into the skin. Minor injuries to the skin do not cost much money to treat. They also recover pretty quickly. But injuries that go deep into the skin could take a long time and cost more to heal. When hit by a vehicle as a pedestrian, the impact is usually significant and could result in deeper lacerations and abrasions.
A contusion is a bruise or blunt injury on the skin that damages the skin and its underlying tissues. But, it does not break the skin. Contusions mainly occur due to trauma, like being hit by a car. Blood could leak out of the damaged vessels and be collected by the surrounding tissues to cause blue and black marks below the skin. Contusions are minor injuries that should heal right after treatment.
Abrasions are also minor injuries to the skin. They occur after the layer of your skin is scraped away, mainly due to friction with a tough surface.
Lacerations are a more severe form of abrasions. They are wounds resulting from a more profound tear on your skin.
Contusions, lacerations, and abrasions must not be improperly treated or left untreated, as they can become more severe. You deserve compensation for these injuries after a pedestrian accident since they will cost you money and time to treat.
Back and Neck Injuries
Your neck and back are also susceptible to devastating injuries after an accident. Neck and back injuries happen the same way as other injuries mentioned above. If you fall on your back after being hit by a moving vehicle, you could injure your back, head, and neck. Those are the most sensitive body parts that could completely change your life if severely damaged.
Injuries to the back and neck are mostly catastrophic. The back and neck are where crucial nerves are located. Your nerves communicate to the brain, enabling the body to perform various functions. If these nerves are affected, then this essential communication is impacted. Your bodily functions are affected too.
Back injuries could also result in paralysis. The type and severity of paralysis depend on the part of the back you injured in the crash. Paralysis causes a partial or complete loss of body function. Partial paralysis will affect the functioning of interest of your body, while complete paralysis will affect the functioning of your entire body.
Back and neck injuries require extensive treatment and therapy for you to recover fully. Some people do not attain full recovery and have to live with a disability. It would be best if you had compensation to cover your medical and personal during the treatment and recovery period.
Lost Hearing and Vision
Your senses could also be affected in an accident. Some people lose their sight and others their sense of hearing. These are injuries that will completely change your life.
You could lose your hearing and/or vision due to the impact of the crash or flying objects. The loss could be partially or fully depending on the accident's impact.
Lost hearing and vision are catastrophic injuries as they change your life permanently. You can receive compensation for your losses if you file a claim against the responsible party. You could partially regain the functioning of your eyes and ears after treatment, but some people have to live with the loss for the rest of their lives. Thus, you will need financial support to learn new skills that will enable you to live a complete life regardless of the loss.
Fatalities or Deaths
Some pedestrian accidents result in death. Some victims lose their lives at the accident scene while others while undergoing treatment. Sadly, many people have lost their lives to vehicle accidents in Las Vegas. But, Nevada personal injury statutes allow their immediate family to pursue compensation for their loss. The money could help you pay for the funeral and burial costs of your loved one and cater to some of the needs of the departed's dependents.
Recovering Damages For Your Pedestrian Accident Injuries
Nevada personal injury statutes allow pedestrians, bicyclists, or motorists who are car accident victims to seek compensation for their damages if another party negligently caused the accident. Thus, you are eligible for compensation if you sustain injuries in a pedestrian accident in Las Vegas. Drivers are always urged to watch out for pedestrians while driving. To avoid blame, the responsible party must demonstrate that they tried their best to avoid the accident but could not. They would be fully liable for the resulting damages if that did not happen.
Recovering damages after a pedestrian accident is not always a straightforward matter. You must understand and adhere to all laws relating to personal injuries to file a successful claim in a civil court. Thus, you need legal help to maneuver the process. A skilled personal injury attorney will advise and support you through the process and even perform most legal procedures on your behalf. This way, you can concentrate on your recovery.
Once you have an attorney, they will study the case and review all evidence gathered before beginning the legal process. Once your attorney has everything needed to file a lawsuit, they will present your claim to the responsible party's insurer. The claim will contain the details of the crash, your injuries, and the damages for which you seek compensation. The insurance company can accept or deny the claim. If the insurer denies the claim, your lawyer will file a claim in a civil court to seek a judge's help in recovering your damages.
Experienced car accident attorneys are always prepared for the possibility of an insurance company denying their clients' claims. Thus, they prepare well before filing the lawsuits. Preparation is paramount as it could be the difference between receiving or not receiving the compensation you deserve. Here are some of the preparations your attorney must make to ensure you receive payment:
Investigate the Accident
Different pedestrian accidents happen differently, depending on their cause. Your attorney must understand how the accident occurred if it was avoidable, and how the responsible party was negligent in causing it.
It is easy to assume that drivers are always responsible for pedestrian accidents quickly. But in some cases, pedestrians are partly to blame, hence the need to use modified comparative negligence law. This law provides partial compensation to accident victims that are less than 50% liable for their injuries. If you were 20% liable for the accident, the at-fault party would only be responsible for 80% of the damages incurred. Thus, you can still recover compensation even though you were partially to blame for the accident. However, you will not be eligible for compensation if the court discovers that you were more than 50% liable for the accident.
In other cases, more than one part is responsible for the accident. In a case of a destructed driver that tries to stop the vehicle but cannot due to faulty brakes, the driver and the vehicle manufacturer could be responsible for your pedestrian accident injuries.
A look into the accident always helps bring to light exactly what happened and who is to blame for the accident. Your attorney can engage the help of an accident expert if need be.
Evidence is crucial in personal injury cases. You must support your claims with substantial evidence if you have sustained an injury in an accident. All evidence gathered during the accident investigation stage could also be used to support your claim.
A skilled attorney will start gathering evidence from the accident scene. They will take videos and pictures of the scene, interview eyewitnesses, and take your statement right after the accident.
You also need evidence of your injuries, the kind of medical help you receive, the treatment you need in the future, and any other medical-related expenses you have incurred after the accident.
You will be required to support your claim with evidence of all damages incurred in the crash. For instance, if you need compensation for lost earnings, prove that you lost some income while recovering from your injury.
Prepare and File a Claim/Lawsuit
Your attorney must also prepare the required documents to file a successful claim with the insurer or lawsuit with the civil court. They will do so under the guidelines of the time deadlines provided under the statutes of limitations for vehicle accidents in Nevada. Remember that when you are dealing with an insurance company, you must notify them of an accident right after it occurs. Any delays could cause the company to deny the claim. If your attorney must file a lawsuit with a civil court, they must do so within two years of the crash. After that, you will lose our right to claim payment for your damages.
Damages Available for Pedestrian Accident Injuries
If you are injured in a pedestrian accident, your damages will be substantial due to the nature of your injuries. Most pedestrian accidents result in devastating injuries. Thus, you deserve compensation for all the damages necessitated by accident. Damages for pedestrian accident injuries are categorized into monetary and non-monetary as explained:
They are the direct financial losses you have incurred due to your injuries. They could include:
You will require medical treatment for your pedestrian accident injury. You must document all your medical needs and costs to support your claim. You should include the first treatment you received after the crash, whether in an emergency room or doctor's office. You must also have the following medical services you received after the crash and what you will need in the future. When you sustain an injury in an accident in which another person was negligent, it is only fair for the negligent party to take care of your medical bills.
You deserve compensation for lost wages if you could work and earn a living due to your injuries. The amount you should include in your claim will depend on the amount you make in a day and the days you will be out of work.
Lost Earning Capacity
You could have lost your earning capacity if you sustained a catastrophic injury in an accident. Some people sustain a disability that makes it impossible to engage in gainful employment. Others cannot work and earn as much as they did before the accident.
These are damages you have incurred due to your injury but do not include a direct financial loss. Non-monetary damages are crucial in personal injury cases. They include:
Suffering and Pain
A pedestrian accident injury will leave you suffering and in pain for days, weeks, months, or even years, depending on its severity. Though your suffering and pain cannot be quantified, the judge can award the damages depending on the severity of your injuries.
A car accident leaves many victims with so much stress and anxiety. For instance, a catastrophic injury can alter your life, leaving you stressed and depressed, not knowing how you will live an everyday life again. If your injuries have caused you mental anguish, you deserve compensation.
You deserve compensation if you have lost one or more parts of your body, like a limb or two. Although you cannot quantify the value of the lost part, you will need to learn how to live the rest of your life without that part.
Compensation for lost consortium goes to your spouse. It is awarded if your injury has made it impossible for you to connect and show affection to your spouse.
Lost Enjoyment in Life
If your injuries affect your fun and enjoyment, you deserve compensation. It could be that you can no longer do the things you did for fun, like taking a walk, going shopping, hiking, or participating in your family's fun activities.
Find a Competent Car Accident Lawyer Near Me
Have you been injured in a pedestrian accident in Las Vegas and want to pursue compensation for the damages?
A competent car accident lawyer can help you through the complex legal process, advise, and support you until you receive the rightful compensation. We do that and more at Las Vegas Car Accident Attorney Law Firm. Our commitment is to provide competent legal services that ensure you obtain a favorable outcome for your case. Contact us at 702-576-0010 to learn more.