No one expects to leave their home only to be injured in a pedestrian accident. Drivers have a responsibility to those on the road and surrounding areas and are lawfully required to follow the rules of the road. Being hit by a large, powerful vehicle can be terrifying and traumatic.
If you have been injured in a car versus pedestrian accident, you may wonder what the average pedestrian accident settlement is worth. The amount of compensation available for your inconvenience and injuries depends on the details of your case. A highly experienced Philadelphia pedestrian accident attorney with Rand Spear the Accident Lawyer can help you fight for the compensation you deserve.
Factors Impacting Your Pedestrian Access Settlement
Every pedestrian accident and personal injury case is different, which makes it impossible to predict the average value of a specific case without knowing every detail. Liability is not as straightforward as you may think for pedestrian versus car accidents. The following lists some of the main factors that can influence the settlement of your pedestrian accident.
The Severity of the Injuries You Sustained
Insurance adjusters tend to divide victim’s injuries into two specific categories: soft and hard. Soft injuries that do not create tremendous damage result in smaller settlements. Hard injuries typically settle for larger amounts.
The Amount of Work You Missed
Depending on the level of injury sustained and recovery time will determine how long you must be out of work. Any income you have lost must be reimbursed. This includes bonuses and tips you would have earned.
The Nature and Extent of Medical Treatments
Unfortunately, there is no equality in all medical services. The type of provider, as well as the type of medical treatment received, will impact the value placed on your damages by the insurance adjuster. Treatments provided by acupuncturists and chiropractors carry less weight than medical treatments serviced by doctors and surgeons.
The Impact Your Injuries Have on Your Daily Life
It can be difficult to measure the disruptions to your life, as well as your pain and suffering. These are still very important factors in your recovery and should be considered for compensation.
The Likelihood of Making a Full Recovery
Depending on the extent of your injuries, your doctor will inform you of your expected recovery potential. If you suffer permanent or long-term injuries, an insurance adjuster will take these factors into consideration. The value of your claim may rise exponentially with permanent injuries.
The Absence or Presence of Clear Fault for the Accident
In the majority of car versus pedestrian accidents, the automobile driver is responsible for the crash. An attorney can help you prove the driver caused the accident. If the driver was not completely at fault for the accident, under comparative fault laws, this can be factored into your settlement amount.
Your Ability to Earn a Living After Suffering Injuries
Your ability to earn a living in the future plays a role in your settlement amount. If your ability to work is impacted by the accident-related injury, you must be compensated. Lost future income can include potential bonuses, tips, and raises.
Damages that May Be Recovered in a Pedestrian Accident
Pedestrians injured in accidents typically suffer severe injuries. Expenses start to mount as doctor visits and incoming bills increase. The following is a breakdown of the most common types of damages that can be covered in a pedestrian accident.
Current and past medical expenses are easy to calculate when determining damages. Medical expenses can include:
- Hospitalization costs
- Doctors visits
- Ambulance rides
- Surgery expenses
- Prescription medications
- Over-the-counter medications
- Rehabilitation or physical therapy bills
- At-home care costs
- Durable medical equipment
If your injuries require you to have ongoing medical treatment, an attorney with Rand Spear can help you estimate the expenses of those future medical treatments. An insurance adjuster is not likely to accept future medical costs easily. Your attorney can hire an expert medical witness to testify to the need for ongoing treatment.
If the accident caused you to have injuries preventing you from returning to your job, you can seek compensation. Your attorney can help you support your claim for income you lost during the time you were out of work. In addition to lost wages, you can seek compensation for bonuses and tips that you would have earned.
Sometimes, your injuries completely prevent you from returning to your current position. Other times, your injuries are permanent, and you are unable to return to work at all. In these situations, you can seek compensation for reduced earning capacity.
Property damage is another easily calculable expense. This includes the cost to replace or repair property damaged during the pedestrian accident. Property damaged in a pedestrian accident could include personal items like glasses, a laptop, jewelry, a phone, clothing, or a watch.
Pain and Suffering
Pain and suffering is a legal term that describes the mental and physical suffering caused by someone’s wrongful act or negligence. You have the right to be compensated for the negative impact the accident had on your life. Pain and suffering often include:
- Mental anguish, depression, anxiety, and stress
- Physical pain and discomfort
- The impact of disfigurement or permanent disability
- Loss of enjoyment of life
- Loss of consortium (this compensation is given to family members in a wrongful death lawsuit)
Pain and suffering are generally the largest portion of a pedestrian car accident settlement, but are also the most subjective. Due to the subjectiveness, it is likely to be a major focus of negotiations regarding your settlement. A pedestrian accident attorney with Rand Spear will handle these difficult conversations with the insurance adjuster.
Request Legal Counsel From Rand Spear Today
If you have been injured in a car versus pedestrian accident, you need to Demand Rand. Our knowledgeable and dedicated law firm can help you seek full compensation for the injuries you suffered and the damages you incurred. Contact Rand Spear the Accident Lawyer today using our online contact form for a free case evaluation to discuss your pedestrian accident.