Proving Damages in a Pedestrian Personal Injury Case

October 3, 2013

In our prior blog, we discussed how fault is determined in Buffalo pedestrian injury cases.  Once fault is established, injury needs to be proven to collect damages. The burden is on the plaintiff in all personal injury cases to prove that he or she sustained some injury from the accident.

Injuries to pedestrians struck by a motor vehicle are governed by the same No Fault insurance laws that apply to injuries in a two car collision.  Under this law, an injured pedestrian must prove that he or she suffered a “serious injury” in order to be compensated.  The purpose of this law is to rule out minor injuries.  There are several different categories of serious injury listed in the New York State law.  Some of them (such as a fracture) are straightforward and easy to prove, while others (such as a significant limitation of use of a body system or function) are much vaguer and subject to interpretation.  Following an injury to a pedestrian, it is best to consult with an experienced personal injury lawyer who can help determine if the injuries fit within one of these categories.

To prove the degree of injury, it is important to make sure the injuries are fully documented by the medical providers.  Many people avoid treatment because they hope to get better without it, or they only discuss their more severe injuries with the doctor while ignoring what initially appear to be minor symptoms.  When this happens, the defense will inevitably argue that there is a lack of evidence in the medical records.  The more documentation you have, the more likely it will be to receive full compensation.

 If you have been involved in a pedestrian accident in the Buffalo or Western New York area, call us at 716-400-0000 for a free evaluation of your case.