What are the different types of damages that can be recovered in a pedestrian accident?
In California, damages resulting from pedestrian accidents can be categorized into three different types: compensatory, general, and punitive. Compensatory damages are intended to make an injured pedestrian ‘whole’ again, and include things like medical costs, lost wages, and property damage. Compensatory damages also cover any out-of-pocket expenses related to the accident, such as travel expenses to medical appointments. General damages refer to non-economic losses, such as pain and suffering, loss of enjoyment, and emotional distress. These damages are intended to compensate victims for the intangible losses that can result from an accident. Finally, punitive damages can be awarded if a driver’s actions are particularly reprehensible or reckless. These are intended to punish the wrongdoer and deter similar behavior in the future. In California, the total amount of damages that an injured pedestrian can recover is limited by law. This amount is determined by the particular facts of each case, and care should be taken to identify all potential sources of damages. In addition, injured pedestrians should note that the statute of limitations for bringing a legal action for damages resulting from an accident is two years, so any potential legal claim should be pursued as soon as possible.
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