If you were in a pedestrian accident, you likely sustained serious injuries that upended your life. Knowing how much you will receive from the insurance company could ease some of your anxiety. However, because settlements are confidential and depend on the unique circumstances of each case, it’s impossible to predict an exact average settlement for a pedestrian hit by a car. Fortunately, there are a few common factors attorneys and insurance companies look at when calculating pedestrian accident settlements.
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Do I Have a Case?
Before thinking about how much your settlement might be worth, you need to be sure that you can prove liability. If you cannot prove the other party is liable for your injury, you will not be able to recover compensation. You will likely negotiate financial recovery with the driver’s insurance company. The insurance company will ask for documentation to determine who is liable for the accident. When negotiating, you must prove that the driver breached their “duty of care” through some form of negligence and that negligence led to the accident. “Duty of care” is a legal term describing a person’s responsibility to act reasonably in order to avoid harming others. Acting reasonably means acting as a reasonable person would be expected to act in the same circumstances. When a person does not act like a reasonable person—for example, if they run a red light or drive while distracted—they likely have breached their duty of care. On the other hand, if you contributed to the accident, it could affect the amount of compensation you recover. You may have contributed to the accident by failing to stop at a crosswalk, suddenly walking out into the street, or crossing the street in an unmarked area. In this case, you may still be able to secure a recovery, but your percentage of fault will reduce your compensation. If an insurance company claims you were more responsible for the accident than the driver, don’t take their word for it. They may try to undervalue or deny your claim by alleging you were partially or completely at fault. An attorney can help you determine your percentage of fault and negotiate with the insurance company so that you do not get taken advantage of.
How to Calculate Pedestrian Accident Settlements
If you were a pedestrian hit by a car, in general, there are two types of damages you can seek to recover: economic damages and noneconomic damages. Economic damages compensate you for monetary losses caused by your accident, including medical costs, lost wages, and property damage. Noneconomic damages compensate you for the emotional and psychological harm you suffered, like pain and suffering, embarrassment, loss of consortium, or inconvenience. When you’re trying to figure out how much your claim is worth, you should consider three main factors: the cost of medical treatment, the extent of your injuries, and your loss of income.
Cost Of Medical Treatment
A good first step to calculating a potential settlement is adding up your medical bills. You may incur a wide range of medical bills, including ER visits, surgical procedures, medication, disability devices, physical therapy, doctor visits, or other types of medical treatment. At the very least, your potential settlement should include whatever total you reach by adding up all of those costs.
Extent of the Injuries
While the extent of your injuries goes hand-in-hand with the cost of medical treatment, it’s also important to consider how your injuries impact your quality of life. Suppose you can no longer engage in your hobbies or you need special accommodations at home or work for your disabilities. Your potential settlement amount should include these losses. While the cost of modifying your home to accommodate a disability can be calculated by adding up invoices, it can be difficult to put a dollar amount on less tangible losses like pain and suffering. However, an experienced attorney will know how to calculate these damages so that you can be sure you’re seeking as much compensation as you’re eligible to receive.
Loss Of Income
An injury can put you out of work for several days or months. You may struggle financially during your recovery. A permanent injury can also affect your capacity to earn an income. The wages or income potential you lose can affect the value of your pedestrian accident case and should be added to your settlement estimate.
Call an Attorney Today
These three factors are not the only ones an attorney looks at when calculating a potential settlement. A settlement amount will depend on the specific facts unique to each case. At the Law Office of Aaron Herbert, we have years of experience calculating potential pedestrian accident settlements. Our firm offers free consultations so that we can examine the facts of your case and advise you on how best to proceed. Contact us today to begin the process of finding out what your settlement might be worth.