Oklahoma City Pedestrian Accident Damages
Pedestrians involved in accidents could sustain serious physical and mental injuries, as well as significant financial burdens. If you or a loved one suffered injuries in a pedestrian accident, Oklahoma law gives you the right to seek compensation. Speak to an Oklahoma City attorney for help pursuing damages from the at-fault party.
Damages in Pedestrian Accidents
Damages refer to what the pedestrian suffered from the wreck. Damages are generally split into two categories, economic damages and non-economic damages. Economic damages are financial losses of the individual. These are measurable and objectively verifiable losses. Non-economic damages are not quantifiable, measuring the victim’s decreased quality of life. These damages are more difficult to measure.
Damages are ultimately calculated in Oklahoma City at the end of the trial by the jury. However, the plaintiff and the defendant may argue how to calculate the damages, as well as propose numbers for the jury to look at.
The jury will consider the financial burdens of the pedestrian, such as the expenses the victim incurred up to the trial date and any future expected medical treatments, if necessary. They will also consider the physical and mental pain and suffering of the victim. The jury may consider the age of the victim, future impairment, loss of income, and future medical treatments. They will also determine if there is any temporary or permanent injury if they missed work and if they are going to miss work in the future, or if their earning capacity has been limited.
The cap on damages in Oklahoma City pedestrian accident cases is $350,000, but there are exceptions. There is no limitation if it is a death case or if the defendant driver was reckless or doing something negligent or intentional.
When do Punitive Damages Apply in a Pedestrian Accident Case?
Punitive damages are intended to punish the defendant and based on the defendant’s conduct. If the defendant was driving drunk, engaging in road rage or if the jury believes they were intentional in their actions or behaving with the reckless disregard for the rights of others, then punitive damages would apply. Unlike economic or non-economic, punitive damages do not aim to compensate the plaintiff but to deter bad behavior by the defendant.
Statute of Limitations in Oklahoma City
In Oklahoma City, the statute of limitations is generally two years from the date of the accident. It is extended for minors until a year after they turn 18. Another exception is if the government was at fault. The pedestrian will need to file what is called a government tort claim. They have to put the county on notice and then if the county either denies the claim or 90 days go by, then they have to file a suit within 180 days.
How an Oklahoma City Attorney Could Help a Victim Recover Damages
After a pedestrian accident in Oklahoma City, the victim’s damages could prove significant depending on the circumstances of the case. A determined attorney could assist you with calculating your total losses, quantifying your non-economic losses, and working toward acceptable compensation. Contact a dedicated lawyer today and schedule your first consultation.