Damages in Omaha Pedestrian Accident Cases
If you were injured in a pedestrian accident, your life might have changed in many ways. You may have missed time at work and may be unable to return to work for quite some time, if ever. Also, you likely have medical bills related to your injuries, your relationships may have changed, and you may not even be able to care for your loved ones.
Damages in Omaha pedestrian accident cases should represent all the ways the plaintiff’s life has changed. While receiving monetary compensation for your damages cannot change what has happened or heal your injuries, speaking to a pedestrian accident attorney about your options for recovering damages could help make your life less stressful and ultimately increase your quality of life.
Types of Damages a Pedestrian Accident Plaintiff Can Recover
The types of damages in Omaha pedestrian accident lawsuits will differ depending on the specifics of the accident and the previous lifestyle of the individual. The court would determine which damages apply to each case and how much the plaintiff should receive. There are no legal limits placed on how much accident plaintiffs can win in Nebraska.
Economic damages are the expenses or financial losses a plaintiff has incurred following the accident or their injuries. These damages are easy to calculate and usually easy to prove with concrete evidence such as medical bills or pay stubs. They may include:
- Lost past and future income
- Past and future medical expenses
- Physical therapy bills
- Medication expenses
Given their subjective nature, non-economic damages can be much harder for a court to calculate in Omaha pedestrian accident cases. Our skilled attorneys from Inkelaar Law could use the testimony of friends, family, co-workers, and doctors to help prove these damages. Non-economic damages a plaintiff may ask for include:
- Pain and suffering
- Loss of consortium/companionship
- Loss of enjoyment of life
- Mental anguish
A court may determine in some cases that the defendant acted with extreme carelessness or indifference. In these circumstances, the court has the option to assign punitive damages. These damages are awarded for punishing the plaintiff and deterring future behavior and are not designed to compensate the plaintiff for specific losses.
Who Pays for Damages in Pedestrian Accident Cases in Omaha?
If the judge or jury in a pedestrian accident case rules in favor of the plaintiff, the defendant(s) would be responsible for paying damages to the plaintiff. For economic damages in Omaha pedestrian accident cases, Nebraska defendants may face joint and several liability.
This means that each party is independently liable for the full extent of the plaintiff’s damages. The plaintiff could then legally receive the full amount of the award from each defendant, and the defendant who pays could then seek contribution from the other defendants who were found to be at fault for the accident.
Under Nebraska Revised Statutes §25-21,185.10, defendants only have several liability for non-economic damages. Each defendant is only responsible for paying the percentage of damages that the court assigned them. If the party cannot fulfill this obligation, the plaintiff cannot go after the other parties for it.
Seek Help with Pursuing Damages in Omaha Pedestrian Accident Lawsuits
An experienced attorney could help you determine all your damages in Omaha pedestrian accident cases. We could also help you gather the evidence to prove your damages and potentially increase the amount you are awarded from the jury in your case. Call Inkelaar Law today for help seeking justice for your injuries.