It is not just the main victim of a personal injury accident that may file a lawsuit to recover damages for their injuries. It may also be a passenger or pedestrian filing a personal injury lawsuit. Although all claims are unique, and every case has different circumstances, there are certain elements that must be present to proceed with a claim.
Those elements involve how badly the person has been hurt and whether or not the injury is life-altering or catastrophic, whether or not negligence may be clearly proven, and what the financial ramifications are for the plaintiff from the injury. For instance, past and future expected wage losses would be factored into a jury award if the plaintiff is unable to work again. For example, if a pedestrian is hit by a motorcycle and can no longer walk, they may be entitled for compensation for all of their medical needs.
Compensation in passenger and pedestrian claims is designed to put the plaintiff back in the financial position they were in before they were injured. The cases are handled in a similar manner to a plaintiff direct victim lawsuit, and the outcomes are based on the facts of the case that caused the passenger or pedestrian claim. For instance, if a passenger in a car broadsided by an 18-wheeler is badly injured, they too may have a claim against the trucker.