Pedestrian accident injuries tend to be particularly severe due to the absence of any physical protection against the impact of a vehicle. They include traumatic brain injuries, spinal cord damage, severe fractures, and internal injuries, many of which may lead to long-term or permanent disability. Their specific nature, severity, and anticipated duration play a critical role in determining your claim’s potential value.
A Los Angeles pedestrian accident attorney at Salamati Law understands the mental and physical turmoil that follows a serious injury, and we are here to help alleviate the financial burden so you can focus on rebuilding your life. We’ll protect your rights and fight to recover the maximum compensation for your damages and losses. Schedule a free consultation today.
Pedestrian Accident Injuries from Car Accidents
Generally, the more serious the pedestrian’s injuries, the higher the potential settlement or award. The extent of physical harm influences the value of damages for medical expenses, lost income, future care needs, and pain and suffering. However, the case outcome also depends on establishing liability; if the pedestrian is found partially at fault, their compensation may be reduced under California’s pure comparative fault law.
Common injuries include the following:
Spinal Cord Injuries
Spinal cord injuries are typically classified as catastrophic due to their permanent and life-altering consequences. These injuries often result in partial or complete paralysis, such as paraplegia or quadriplegia, which can severely impair mobility, independence, and the ability to engage in gainful employment.
From a legal standpoint, the long-term impact significantly increases the potential value of a personal injury claim. Damages may include extensive medical expenses and rehabilitation costs, future care needs, home modifications, assistive devices, and compensation for loss of earning capacity and diminished quality of life.
The lifelong nature and economic burden of spinal cord injuries are key factors in determining the scope of recoverable damages.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can have a wide range of medical outcomes, from temporary impairments to permanent disabilities. The severity and duration of a TBI are central to assessing damages.
A mild TBI, such as a concussion, may involve a relatively brief recovery period. However, moderate to severe TBIs can lead to lasting cognitive, emotional, and physical impairments that significantly affect the victim’s quality of life and earning capacity.
These injuries may result in ongoing medical treatment, rehabilitative care, and permanent reliance on assistive devices. In wrongful death cases, where the TBI proves fatal, surviving family members may seek compensation under California’s wrongful death statute. The lifelong consequences of serious TBIs are key to valuing economic and non-economic damages.
Fractures
Fractures can have a substantial impact on the outcome of a personal injury claim. Even in optimal conditions, broken bones require weeks or months to heal, and more severe injuries, e.g., fractures to the femur or tibia, may involve prolonged recovery periods, surgical intervention, and long-term rehabilitation.
The injured person’s age, overall health, and the complexity of the fracture all influence recovery potential. In some cases, full mobility is never regained, leading to lasting physical limitations. These impairments can interfere with employment, daily functioning, and the ability to care for dependents, all of which are important considerations when calculating damages.
Claims involving skull fractures may also include future medical care, assistive equipment, or long-term residential care, increasing the claim’s value due to projected lifelong needs.
Internal Injuries
Internal injuries present unique challenges in pedestrian accident claims due to their potentially delayed symptoms and life-threatening nature. Injuries such as organ damage, internal bleeding, or collapsed lungs may not be immediately apparent at the scene, leading victims to underestimate the seriousness of their condition.
This delay in diagnosis can complicate treatment and increase the risk of long-term complications or fatality. From a legal perspective, the hidden nature of internal injuries underscores the importance of prompt medical evaluation, which also serves as critical documentation for the claim.
The severity of these injuries often results in significant medical expenses, extended recovery periods, and, in some cases, permanent impairment, all of which factor heavily into the valuation of damages in a personal injury case.
California Pure Comparative Negligence Law
California follows a pure comparative negligence rule in personal injury cases, including pedestrian accidents. Under this standard, a pedestrian who is partially at fault for the incident may still recover damages, but their compensation will be reduced in proportion to their degree of fault.
For example, if a pedestrian is found 20 percent responsible for the accident, perhaps for crossing outside a designated crosswalk or walking while impaired, their total damages award will be reduced by that same percentage.
In claims involving serious injuries, the financial impact of even a modest reduction can be significant, especially when medical costs, lost earning capacity, and long-term care are considered. Accordingly, establishing and minimizing the pedestrian’s comparative fault is often critical in maximizing recovery in high-value cases.
This underscores the importance of working with an experienced and dedicated personal injury attorney.
Schedule a Free Consultation at Salamati Law
If you were seriously injured in a pedestrian accident due to another party’s negligence, you need the services of an experienced Los Angeles pedestrian accident lawyer. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no legal fees unless you receive compensation for your losses and damages.
