HOW MUCH CAN I RECOVER FROM MY PEDESTRIAN ACCIDENT CASE?Last updated on: November 14, 2022
Pedestrians should never feel that their life is in danger. Unfortunately, pedestrian accident fatalities are occurring at an alarming rate in some areas of the country. If you’ve been injured in a pedestrian accident, a lawyer from Zinda Law Group can help determine your eligibility for compensation.
How much you can recover from your pedestrian accident case depends on the facts and circumstances of your case. Injured victims in a pedestrian accident should contact an attorney to exercise their rights and legal options.
For a 100% free consultation with an experienced pedestrian accident attorney, contact Zinda Law Group at (800) 863-5312.
What legal options do I have if I’m hit by a car?
After being hit by a car, you have several legal options. The first option available to you is to file a claim with the negligent driver’s car insurance. After investigating your claim, the insurance adjuster will inform you how much your claim is worth.
If your claim is denied by the insurance company, you may seek compensation through a personal injury claim. In some instances, people that have accepted money from an insurance company may not be able to file a claim.
Cost of medical bills for pedestrian accidents
The human body is fragile compared to a car and it’s why the cost of medical bills for a pedestrian accident are usually high. These costs include:
- Therapy and rehabilitation
- Medical Equipment
- Doctor’s visits
- In-home medical supervision
In many pedestrian accident cases, the victim goes to the hospital from the accident scene. Emergency medical care and hospital visits are expensive, and you may have to deal with the full cost if you don’t have insurance.
Filing an insurance claim for pedestrian-car accident injuries
After the accident, you should have the authorities make a police report and then file a claim with the negligent motorist’s insurance company. The insurance company will look into the claim and the documentation you provide to them to determine how much your claim is worth.
Since you’ll have to present evidence to support your insurance claim, it’s important to document as much as you can after the accident. For example, the insurance company may require pictures of the accident or proof of your medical costs.
Limits of insurance
Almost all jurisdictions mandate that drivers and vehicle owners obtain liability insurance to protect against third-party property damage and personal injury. Recovery amounts depend on the facts and circumstances, and some states have limits on the amount of compensation you can be awarded.
In some places, even if the accident was the pedestrian’s fault, the driver’s insurance carrier will cover the pedestrian’s medical costs up to the Personal Injury Protection (PIP) maximum. There are exceptions; for instance, if a pedestrian is uninsured, she may get compensation from a state run fund for unsatisfied claims and judgments.
Average settlement amount for pedestrian victims
The amount of the typical settlement given to a pedestrian struck by an automobile varies depending on the facts of the case. For mild injuries like whiplash or a broken arm, the typical injury compensation for a pedestrian struck by a car will be much less than if they suffered a spinal cord or traumatic brain injury.
The amount of the payment will also differ depending on whether the pedestrian pays through the driver’s insurance provider or through a personal injury lawsuit. The driver’s motor insurance may not be sufficient to cover all of the damages. The pedestrian’s personal injury lawyer will file a lawsuit against the defendant driver in this instance.
How much is a Pedestrian Accident Case Worth?
Depending on the facts of the case, a pedestrian accident claim may be worth a lot of money. For instance, if the injured pedestrian can show that the car’s driver was careless, they may be entitled to compensation in the pedestrian accident lawsuit.
In a car accident, these damages may include hospital bills, missed wages, and pain and suffering. Additional damages can be available in specific circumstances.
You must establish the driver’s negligence if you want to make a compelling argument. It indicates that the motorist did not exercise reasonable caution to prevent striking the accident victim who was a pedestrian. When evaluating negligence, a number of elements may be taken into account, including:
- Driver’s speed or irresponsible driving
- Driver distraction from chatting on the phone or texting while driving
- Driver failing to yield to pedestrians in a crossing.
Who pays your medical bills if you get hit by a car?
There are a number of ways to get your expenses covered after an accident. However, the medical costs will vary based on the particulars of the event and the seriousness of your injuries. You could look for compensation for an automobile accident from:
- Your personal insurance plan
- The negligent driver’s insurance plan
- The negligent driver
- A vehicle collision settlement
Compensation for any pain and suffering you faced
Since pain and suffering is hard to quantify, calculating compensation for it is more challenging than calculating the other types of compensation you may be entitled to. Accounting for the other types of losses you suffer is easier because there’s a receipt attached, such as when you receive a medical bill.
However, you should also be compensated for any non-financial/emotional losses sustained because of the accident as well as any potential financial hardships. In addition to the expenses you incurred because of the accident, compensation for pain and suffering may also take into account long-term incapacity, emotional distress, and deformity.
Compensation for any wages you lost because of the accident
Those injured in pedestrian accidents often miss work because of their injuries. If your accident kept you away from work, and you lost wages as a result, you are entitled to a recovery of those lost wages.
For instance, if you suffered a concussion, you might not be able to work at your computer for a few months. In such a case, you may be able to recoup some of the money you lost as a result of your accident by filing a personal injury claim following a pedestrian accident.
How long does a pedestrian accident claim take to settle?
The length of time it takes to settle a pedestrian accident varies depending on a number of factors. As a result, pedestrian accident settlement agreements can take several months to many years to take shape.
The extent and permanence of your injuries, the outcome of settlement talks with the insurance provider, and whether you must go to court all have an impact on how long it takes for your pedestrian accident case to be resolved.
Those who may be liable include:
- The driver of the automobile
- The driver’s employer
- The government or entity responsible for road safety
- The manufacturer of the vehicle
The investigation could take a few days to many months, depending on how complicated the accident is and how many parties are involved. The insurance provider for the at-fault party may make a settlement offer during the accident’s investigation. Accepting a settlement before you have all the information is not advised.
How can you facilitate settlement in your pedestrian accident case?
It’s your right to seek compensation if you were hurt in a pedestrian accident. There are numerous variables that may affect how much you can recover and how long it’ll take. Some people wait years to be compensated for their accident, while others get paid within a few months.
Liability must be established, and carelessness must be demonstrated to obtain a reasonable payment. You would need to gather as much proof as possible, talk to any witnesses, and ascertain all the facts behind the event.
Filing a Pedestrian-Car Accident Injury Lawsuit
The details of the accident should be described in your case file. It ought to include information that your legal team can utilize to demonstrate the financial effect of the crash and your injuries, such as your medical records, wage statements, and other supporting documentation.
To initiate your pedestrian-car accident injury lawsuit, you’ll need to gather all of this information into a formalized complaint. The complaint is a detailed document filed with the court. At this point most people hire an attorney for their case.
The complaint will be filed with the court and there is a specific formality that needs to be adhered to.
For example, the initial complaint should contain all factual allegations. In addition, an attorney can help you with filing so that your claim isn’t barred by the statute of limitations.
Should I hire a Pedestrian Accident Lawyer?
At Zinda Law Group, our experienced team of attorneys are here to help you if you were involved in a pedestrian accident. A lawyer can help you and your family pursue compensation for medical bills, property damage, lost income, pain and suffering, and much more.
NEED HELP? CONTACT ZINDA LAW GROUP TODAY
Pedestrian accident injuries can be life-threatening or have a lengthy recovery period. That is why we offer 100% free consultation, and you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your injury case. That is our No Win No Fee Guarantee!
A lawyer from our firm would be honored to serve you during this challenging time. If you or a loved one has suffered an injury in a pedestrian accident, call Zinda Law Group at (800) 863-5312 to schedule a free consultation with a personal injury lawyer.