What types of losses can I claim in a pedestrian accident?
In a pedestrian accident in North Carolina, there are four types of losses you can claim: economic, non-economic, punitive, and wrongful death. Economic losses refer to direct monetary costs related to the accident, such as medical costs, lost wages, or property damage. Non-economic losses refer to intangible or psychological damages such as pain and suffering, loss of enjoyment of life, or emotional distress. Punitive losses aim to punish the negligent party and are generally only awarded in cases of extreme recklessness or maliciousness. Lastly, wrongful death awards are financial compensation distributed to the surviving family members of an individual who died as a result of another’s negligence. In order to recover any of these losses, the injured pedestrian must prove the other party was negligent in causing the accident. This involves demonstrating that the other party was aware of the potential risk and consequences and yet failed to act accordingly. Furthermore, North Carolina follows a “modified contributory negligence” rule, which means that if the injured pedestrian was partially at fault, they may still be able to recover some or all of the damages, depending on the percentage of fault attributed to each party. Therefore, it is important to consult an experienced attorney to ensure that you receive the best possible outcome for your case.
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