Persons using the road on foot lack the kind of protection you’d get when inside a motor vehicle. As such, accidents involving pedestrians are the most fatal, and those who survive are usually left with life-altering injuries and hefty medical bills.
Considering the severity of the resultant injuries and the immense financial burden, it’s only fair that surviving members get the deserved compensation for their injuries. But what’s the average settlement amount for pedestrian-related accidents?
Well, there’s no standard figure for this, and different factors will determine how much you get as compensation. Furthermore, several challenges could limit you from getting the amount you deserve. So, ensure you partner with an experienced pedestrian accident attorney from Pacific West Injury Law.
How Much Should You Expect as a Settlement After a Pedestrian Accident?
There’s no designated amount for injuries and damages resulting from a pedestrian accident. Instead, different factors will determine how much you’ll get from your insurance company. This include:
- The severity of your injuries – Serious or “hard” injuries will require specialized medical attention, and the cost of living adjustments can be high. Such high-value claims will attract a higher settlement than incidents that cause less severe injuries.
- How long you missed work – Pedestrian accident victims who have to stay out of work for longer until they recover should expect a larger settlement than those who require a shorter recovery duration.
- The nature of your medical treatment – Pedestrian accident victims with severe injuries usually require extensive medical treatment that could leave them with hefty hospital bills. This means you should anticipate a more significant settlement than if non-physicians treated you.
- Your injuries’ impact on your daily routine – The most challenging part to negotiate is compensation for general damages like pain and suffering. However, the impact of the harm determines what you’ll get, and, generally, the greater the effect on your daily life, the greater the potential settlement.
- Your prospects for a full recovery – How long will you take to achieve full recovery? Generally, permanent or long-term serious injuries will have a higher settlement value than those that take shorter to recover.
- Determination of fault – Depending on your jurisdiction, any fault decision will determine how much you get as compensation. For instance, Nevada uses the modified comparative rule that only lets you recover damages if you’re less than 50% to blame for the accident.
- Lost opportunities resulting from the injuries – If the injuries sustained during the pedestrian accident prevented you from any opportunity, whether educational or income generation, you’ll get a higher settlement amount.
- Any effect on your ability to earn in the future – If you sustained severe injuries that could hinder you from taking part in your income generation projects, you’re entitled to a higher compensation to cover the entire lost future income.
How Long do Pedestrian Accident Cases Last?
Cases take different times to settle, and the duration may range from several months to a couple of years. The main factors that will determine how long your case will last include:
How Severe Your Injuries Are
Pedestrian accidents that lead to severe injuries may take longer to settle because of their high-value nature. Also, you’ll have to complete your treatment for the settlement to take place, and the case won’t close until you fully recover. This will take longer than if you sustained minor injuries.
Negotiations with the Insurance Companies
Once you’re done with treatment, settlement-centered negotiations will commence. This is among the most time-consuming parts of the settlement process. It can carry on for months even if there’s no dispute and both parties have agreed to the settlement. The process will take longer if you request more than the insurer is willing to reimburse.
Whether It Goes to Trial
Only a few pedestrian accidents make it to trial. Unsuccessful settlement attempts at the pre-trial stage are the primary reason a case would reach this level. Naturally, such a settlement will take more time than a pre-trial settlement.
Time is very crucial if you have a pedestrian accident claim. Plaintiffs must adhere to state-specific deadlines and file their claims within the stated timelines. For instance, the Nevada statute of limitations requires you to file your settlement claim within two years. The insurance company might decline your claim if you fail to heed, and the court can nullify the lowest.
What Compensation does Pedestrian Accident Settlements Cover?
The compensation (or legal remedy) for pedestrian accident settlement claims should cover all your losses and harm. Generally, you’ll be reimbursed based on the economic and non-economic damages sustained during the pedestrian accident.
Economic damages are more straightforward, comprising the direct costs resulting from the accident. Receipts and other crucial documentation make attaching a dollar value and computing the total damages easy. Examples include:
- Medical bills
- Surgery and therapy costs
- Home-based care expenses
- The cost of additional resources, including a wheelchair and any home adjustments
- Funeral costs for fatal pedestrian accidents
Non-economic costs are harder to compute as they’re directly inflicted on an individual. You can’t attach value to these elements, so experts must be invited to shed light on what exactly you’re entitled to. Examples include:
- The actual harm
- Pain and suffering
- Loss of enjoyment of life
- Lost income opportunities
- Loss of consortium
- Wrongful death
If your case reaches trial and the court deduces that the accident was caused by extreme negligence, crime, or malicious acts, it may award punitive damages. But this happens on rare occasions.
The Benefits of Hiring a Pedestrian Accident Attorney
If you file a pedestrian injury claim without legal guidance, you’ll face numerous challenges. For instance, the responsible motorist can deny responsibility, and insurance companies won’t be willing to pay you what you truly deserve. Furthermore, seeking compensation can be complicated if you’re not acquainted with the procedure and the relevant laws.
Fortunately, an experienced Las Vegas attorney can rescue you from the challenges and contribute to your case in the following ways:
- Protecting your rights
- Helping you access quality treatment
- Evidence gathering and handling relevant documentation
- Fighting for a more significant settlement amount
- Negotiating with insurers
- Representation in negotiations and court
- Emotional and legal support during lawsuits
- Providing access to the proper legal resources for a strong case
Speak with a Pedestrian Accident Attorney that You Can Count On
You don’t need to continue searching for an experienced personal injury attorney. Pacific West Injury Law will delegate your case to the most qualified lawyer, and you can rest assured of full representation. Call us today so we can increase your potential settlement.