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Proving Pain And Suffering Damages In A Pedestrian Accident Claim

In the event that you or someone you know is caught in an accident as a pedestrian, you’re entitled to compensation for any pain you’ve suffered. Consulting skilled pedestrian accident attorneys will ensure you receive fair compensation for your loss.

Author:Velma Battle
Reviewer:Michael Rachal
Jun 14, 2024
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Over 7,000 pedestrian deaths occurred in the US in 2022. This has been steadily increasing year over year since 1971.
In the event that you or someone you know is caught in an accident as a pedestrian, you’re entitled to compensation for any pain you’ve suffered. Consulting skilled pedestrian accident attorneyswill ensure you receive fair compensation for your loss.
It is important to choose the right pedestrian accident attorney, like the ones from Franklin D. Azar & Associates P.C., the largest personal injury law firm in Colorado. They have extensive experience handling personal injury cases, which means they are your best allies in fighting your case. The law firm operates on a contingency basis and also offers a free first consultation to help accident victims.

What Constitutes Pain And Suffering?

Under personal injury law, pain and suffering can be defined as any physical or psychological pain the victim suffers due to an accident. This can be interpreted differently depending on the details of the case.
Generally, the type of injury you sustained and the cost of medical care are taken into account for physical injuries. This list includes:
  • Broken bones
  • Head injuries
  • Spinal injuries
  • Ligament tears
Psychological pain incurred due to the accident can include:
  • Emotional anguish
  • Reputational damage
  • Loss of enjoyment of life
  • Worsening of previous injuries

Proving Pain And Suffering

Like in any personal injury case, you will need to prove that you have suffered due to the accident. This is usually done by gathering and submitting evidence.
Most injuries can be proved using medical bills and doctor’s notes – whether physical or psychological. This is the list of documents that can be used:
  • Evidence of the loss of enjoyment of life. If you can no longer enjoy your daily life or favorite activities, like a swimming class, you enjoy going to daily
  • Photos documenting your pain, such as photos of injuries or physical changes due to the accident
  • Documents of medical treatment and diagnosis, including prescriptions, doctor’s appointments, rehabilitation, etc., can be submitted as evidence
  • Personal records of the injury or psychological distress, like journals or notes
  • Police records of the incident
  • Statements from friends and family detailing your anguish after the accident
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Things That Can Affect Your Case:

Be aware of how you speak about the incident. If an insurance adjuster overhears you brushing off the accident or speaking casually about it, they can use it against you.
Any social media posts that are contradictory to your claims about the case, like posts showing you having a good time at a party right after the accident, can impact your ability to prove your pain and suffering.
If you are proven to be at fault, such as by crossing the road at a red light, trespassing, or walking in areas not designated for pedestrians, like a highway, the overall compensation you receive might take a hit.
There is also a deadline for when you can file a claim, called the statute of limitations. Depending on the state, this ranges from a year to several years.
Providing proof for the pain and suffering you’ve endured due to an accident can be quite taxing. Hiring a competent lawyer could help you understand the process better and ease your burden.
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Velma Battle

Velma Battle

Author
Travelling Expert
Michael Rachal

Michael Rachal

Reviewer
Travelling Expert
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