Pedestrian Accidents Cause Serious Financial Harm
When a vehicle strikes a pedestrian, the injuries are almost always serious. Pedestrians have no seatbelt, no airbag, and no metal frame to protect them. The human body absorbs the full force of the impact. The result is often broken bones, brain injuries, spinal damage, and months or years of medical treatment.
The financial cost of these injuries adds up fast. Hospital bills, surgery costs, rehabilitation, lost income, and ongoing care can reach hundreds of thousands of dollars. Illinois law allows injured pedestrians to seek full compensation from the driver or other parties responsible for the accident.
Types of Compensation Available
In a pedestrian accident claim, you can seek two main categories of damages: economic damages and non-economic damages. In rare cases, punitive damages may also be available.
Economic Damages
Economic damages cover the financial losses you can measure with receipts, bills, and records. These include:
Medical Expenses
This is usually the largest category. It includes:
- Emergency room treatment and ambulance costs
- Hospital stays
- Surgery and surgical hardware (plates, screws, rods)
- Prescription medications
- Physical therapy and rehabilitation
- Occupational therapy
- Diagnostic tests like MRIs, CT scans, and X-rays
- Assistive devices like wheelchairs, crutches, and braces
- Home modifications if you have a permanent disability
You can claim both past medical expenses (what you have already paid) and future medical expenses (what you will need going forward). Future medical costs require expert testimony from doctors who can explain your prognosis and treatment plan.
Lost Wages
If your injuries kept you from working, you can recover the income you lost during your recovery. This includes:
- Salary or hourly wages
- Overtime pay you would have earned
- Bonuses and commissions
- Sick days and vacation days you used
- Self-employment income
Lost Earning Capacity
If your injuries permanently affect your ability to work, you can claim the difference between what you could have earned and what you can now earn. For example, if you were a construction worker who can no longer do physical labor because of a spinal injury, you can claim the gap between your former income and whatever you can earn in a different job. Economists and vocational experts help calculate this number.
Out-of-Pocket Expenses
Other financial costs related to the accident are also recoverable. These include transportation to medical appointments, the cost of hiring help with household tasks you can no longer do, and any property damaged in the accident.
Non-Economic Damages
Non-economic damages compensate you for losses that do not have a specific dollar amount but are very real. These include:
Pain and Suffering
This covers the physical pain you experienced from the accident and continue to experience during recovery. Broken bones are painful. Surgeries are painful. Physical therapy is painful. All of this counts.
Emotional Distress
Pedestrian accidents are traumatic events. Many victims develop anxiety, depression, PTSD, sleep disorders, and a fear of walking near roads. Emotional distress damages compensate you for this psychological harm.
Loss of Enjoyment of Life
If your injuries prevent you from doing activities you used to enjoy, such as sports, hobbies, playing with your children, or traveling, you can seek compensation for this loss.
Disfigurement and Scarring
Pedestrian accidents frequently cause visible scars, burns, and permanent disfigurement. These affect your appearance and self-confidence. Compensation reflects the severity and visibility of the scarring.
Loss of Consortium
If your injuries have affected your relationship with your spouse, your spouse may have a separate claim for loss of consortium. This covers the loss of companionship, affection, and the ability to maintain a normal marital relationship.
Punitive Damages
In cases where the driver’s behavior was especially reckless or intentional, a court may award punitive damages. These are not meant to compensate you. They are meant to punish the driver and discourage similar behavior. Punitive damages may be available when the driver was drunk, was street racing, or intentionally drove at a pedestrian.
Wrongful Death Damages
If a pedestrian accident is fatal, the victim’s family can file a wrongful death claim. Wrongful death damages in Illinois include:
- Funeral and burial expenses
- The income the deceased would have earned over their lifetime
- Loss of benefits, including pension and health insurance
- Loss of parental guidance for surviving children
- Loss of companionship and society for the surviving spouse and family
- The grief and mental suffering of surviving family members
What Affects the Value of Your Claim
No two pedestrian accident claims are worth the same amount. Several factors influence how much compensation you can recover:
Severity of Injuries
More severe injuries mean higher medical costs, more lost income, and greater pain and suffering. A traumatic brain injury or spinal cord injury that causes permanent disability will result in a much larger claim than a broken arm that heals completely.
Permanence of Injuries
Injuries that cause lasting limitations are worth more than injuries that heal fully. Permanent disability, chronic pain, and lifelong restrictions on activities all increase the value of your claim.
Clarity of Fault
When the driver is clearly at fault, such as running a red light or driving drunk, the case is stronger and worth more. When fault is disputed or shared, the value may be reduced.
Your Share of Fault
Under Illinois comparative negligence law, your compensation is reduced by your percentage of fault. If your claim is worth $500,000 but you are found 20 percent at fault, you receive $400,000. If you are more than 50 percent at fault, you receive nothing.
Insurance Coverage Available
The amount of insurance coverage available affects what you can realistically collect. If the driver has minimum coverage ($25,000 in Illinois), your recovery may be limited unless you have underinsured motorist coverage or there are other liable parties with additional insurance.
Quality of Evidence
Strong evidence, including video footage, witness testimony, police reports, and thorough medical records, increases the value of your claim. Weak or missing evidence makes it harder to prove your case.
Impact on Daily Life
Juries and insurance adjusters consider how the injuries have changed your daily life. Someone who can no longer work, play with their children, or live independently has a more compelling case than someone who made a quick recovery.
How Compensation Is Recovered
Most pedestrian accident claims are resolved through insurance claims or lawsuits. The process typically works like this:
- Insurance claim. Your attorney files a claim with the at-fault driver’s insurance company, supported by evidence and documentation of your losses.
- Negotiation. The insurance company responds with an offer, usually a low one. Your attorney negotiates for a fair settlement.
- Lawsuit. If the insurance company refuses to pay fairly, your attorney files a lawsuit in Cook County court.
- Discovery and depositions. Both sides exchange evidence and take sworn testimony.
- Mediation. Many cases settle during mediation, a structured negotiation session with a neutral mediator.
- Trial. If the case does not settle, it goes to trial where a jury decides fault and damages.
Most cases settle before trial. But having a lawyer who is willing and prepared to go to trial puts you in a stronger negotiating position.
Do Not Accept a Quick Settlement
Insurance companies often contact pedestrian accident victims within days of the accident, offering a quick settlement. These early offers are almost always far below what the claim is worth. The insurance company wants to close the case before you know the full extent of your injuries and losses.
Once you accept a settlement, you cannot go back and ask for more money. If you later need additional surgery or cannot return to work, you are stuck with whatever you agreed to. Always talk to a personal injury lawyer before accepting any offer.
The Statute of Limitations
In Illinois, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death. Missing this deadline means you lose your right to file. Some situations can shorten or extend the deadline, so it is important to talk to a lawyer soon after the accident.
Get the Compensation You Deserve
Pedestrian accident injuries are expensive, painful, and life-altering. You should not bear those costs when someone else’s negligence caused them. An experienced attorney can calculate the full value of your claim, handle the insurance company, and fight for every dollar you are owed.
Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.