Malvern Pedestrian Accident Lawyer

Pedestrian accidents often lead to devastating injuries and financial hardship. If you were hit by a negligent driver, Kingbird Legal is ready to help. Our Malvern pedestrian accident lawyer will fight for full compensation for your medical expenses, lost wages, and pain. We hold careless drivers accountable so you can focus on healing. Call 484-289-4880 today for a free consultation, and let us fight for your rights.

Compensation for Pain and Suffering After a Pedestrian Accident in Pennsylvania

Pedestrian accidents often lead to serious injuries, leaving victims with not only physical harm but also emotional distress. If you were hit by a vehicle while walking, you may be wondering if you can recover damages for the pain and suffering you have endured. The answer depends on several factors, including the severity of your injuries, the insurance policies involved, and Pennsylvania’s personal injury laws.

Understanding how pain and suffering compensation works can help you navigate your claim and ensure you receive fair compensation for what you have been through.

What Pain and Suffering Means in a Pedestrian Accident

Pain and suffering refer to the non-economic damages a victim experiences after an accident. While medical bills and lost wages cover financial losses, pain and suffering account for the physical discomfort and emotional distress caused by the injuries.

This category of damages can include:

Physical pain from injuries such as broken bones, head trauma, or nerve damage
Emotional distress, including anxiety, depression, or post-traumatic stress disorder (PTSD)
Loss of enjoyment of life if injuries prevent participation in hobbies or daily activities
Permanent disfigurement or scarring
Sleep disturbances caused by pain or emotional trauma

Unlike medical expenses, which have a clear financial value, pain and suffering damages are subjective. This makes them harder to calculate and more likely to be disputed by insurance companies.

How Pennsylvania Law Affects Pain and Suffering Claims

Pennsylvania follows a choice no-fault insurance system, which can impact a pedestrian’s ability to recover for pain and suffering. The type of auto insurance coverage involved in your case will determine whether you can seek non-economic damages.

Limited tort coverage – If you have limited tort insurance, your ability to claim pain and suffering damages may be restricted unless your injuries are considered “serious.” Pennsylvania law defines a serious injury as one that causes death, serious impairment of body function, or permanent disfigurement.
Full tort coverage – If you have full tort insurance, you can pursue pain and suffering damages without restrictions, even for minor injuries.

Even if you do not own a car, your ability to recover these damages may depend on the driver’s insurance coverage or your own health or disability insurance policies. A personal injury lawyer can help you understand how these laws apply to your case.

Proving Pain and Suffering in a Pedestrian Accident Case

Because pain and suffering do not have a direct dollar amount, proving these damages requires strong evidence. Insurance companies often downplay the emotional and physical impact of an accident, making it essential to present clear documentation of how your injuries have affected your life.

Some key forms of evidence include:

Medical records – Documentation of your injuries, treatments, and long-term prognosis helps establish the extent of your pain.
Doctor and therapist statements – Expert opinions from medical professionals can explain how your injuries cause ongoing pain or emotional distress.
Personal journals – Keeping a daily record of your pain levels, sleep disturbances, and emotional struggles can demonstrate how the accident has affected your daily life.
Witness testimony – Statements from family, friends, or coworkers can provide insight into changes in your physical abilities, mood, and overall well-being.
Photographs – Visual evidence of injuries, surgeries, or physical limitations can make a strong impact on insurance adjusters or a jury.

How Pain and Suffering Damages Are Calculated

Since there is no set formula for determining pain and suffering, insurance companies and courts use different methods to assign a value. The two most common approaches are the multiplier method and the per diem method.

Multiplier method – This approach multiplies a victim’s economic damages (such as medical bills and lost wages) by a number between 1.5 and 5, depending on the severity of the injuries. A higher multiplier is used for serious injuries that cause long-term suffering.
Per diem method – This method assigns a daily dollar amount to the victim’s pain and suffering and multiplies it by the number of days they experienced hardship. The daily rate is often based on the victim’s wages or another reasonable figure.

Insurance companies typically try to minimize non-economic damages, so having legal representation can help ensure you receive a fair calculation.

When a Pedestrian Accident Claim May Go to Court

Most personal injury claims are settled through negotiations with insurance companies, but some cases go to court if a fair settlement cannot be reached. A lawsuit may be necessary if:

The insurance company denies liability or disputes the severity of your injuries
The driver was uninsured or underinsured, making compensation more difficult to obtain
Settlement offers do not adequately cover pain and suffering or future medical needs

Filing a lawsuit can extend the timeline of your claim, but it may be necessary to recover full compensation. An experienced attorney can negotiate on your behalf and present a strong case in court if needed.

Steps to Take After a Pedestrian Accident

If you were hit by a vehicle while walking, taking the right steps can protect your rights and improve your chances of recovering damages for pain and suffering.

Seek medical attention – Even if injuries seem minor, a medical evaluation is essential to document any hidden damage.
Report the accident – Contact the police and ensure an official report is filed. This can serve as key evidence in your claim.
Gather evidence – Take photos of the accident scene, your injuries, and any traffic signals or road conditions that may have played a role in the crash.
Obtain witness statements – If anyone saw the accident, collect their contact information and ask for a written statement if possible.
Avoid speaking to insurance adjusters alone – Insurance representatives may try to minimize your claim. It is best to consult an attorney before making any statements.
Follow medical advice – Completing all recommended treatments strengthens your claim by demonstrating the seriousness of your injuries.
Consult a personal injury lawyer – An attorney can help you understand your rights, negotiate with insurers, and take legal action if necessary.

Protecting Your Right to Compensation

Pedestrian accidents can have lasting effects, from chronic pain to emotional trauma. While financial compensation cannot undo what happened, it can help cover medical expenses, lost income, and the suffering you have endured.

Recovering pain and suffering damages in Pennsylvania depends on factors like the severity of your injuries, the insurance coverage involved, and how well your case is presented. Understanding these aspects and working with a skilled attorney can improve your chances of receiving fair compensation.

Malvern Pedestrian Accident Attorney

Pedestrian accidents often result in serious injuries, but you don’t have to face this fight alone. If you or a loved one has been injured in a pedestrian accident, seeking legal guidance can help you navigate the claims process and ensure you receive the full amount you deserve. A personal injury lawyer can handle negotiations and fight for your rights, allowing you to focus on your recovery. Kingbird Legal is here to hold negligent drivers accountable. Our Malvern pedestrian accident attorney will work tirelessly to get you the compensation you deserve. Call 484-289-4880 today for a free consultation, and let us help you on your path to justice.