How Much Is a Pedestrian Accident Case Worth?
What to Expect in Your Pedestrian Car Accident Settlement? A pedestrian accident case is either an insurance claim or a lawsuit. The latter is not necessary and is usually the last option when the plaintiff does not agree with the amount the insurance company is ready to pay. Anyway, whether you want to settle out of court or decide to get involved in litigation, the most important question is, “How much is my pedestrian accident case worth?” Unfortunately, there is no simple answer to this question, which is why it is highly advised that you consult an experienced pedestrian accident lawyer. Factors that determine the value of a pedestrian accident case Usually, the first thing people do when they want to find out the value of their case is to find an average settlement amount for this kind of cases. Of course, it might give you some idea, but it is not that helpful. It is important to understand that each case is unique. There is no universal answer to how much a pedestrian accident case is worth. It is based on several factors. First of all, the severity of the pedestrian’s injuries play a key role. Severe injuries will obviously be worth more. Another factor is the nature and the extent of received treatment. If you decided to try alternative medicine instead of traditional medicine, it has less weight. There is a general formula to determine the worth of a pedestrian accident case. The value of the case includes medical costs (together with future medical costs), missed time at work, future earning capacity as well as pain, suffering, and inconvenience. Some factors such as medical costs and missed time at work are easy to figure out. You just have to present the evidence that supports your claim. It can be a hospital bill that proves you really spent that much money or pay stubs that establish how much pay you missed while recovering from your injury. The most difficult factor to determine in this formula is pain and suffering. Unlike wages and hospital cost, these criteria are not easily presented in actual dollar sums. Sure, a victim’s pain and suffering are very much real, but how do you put a price tag on that? That is why you need a good pedestrian accident lawyer to prove to everyone that the amount you claim for pain and suffering is well grounded. How to get actual numbers When starting a pedestrian accident case, it is important to understand how an insurance adjuster will approach the settlement. What most of them do to determine the worth of your pedestrian accident case is take all the quantifiable losses (medical bills, lost income etc) and multiply it by a number between one-and-a-half and five. The amount they receive is called “general damages”. It already includes pain and suffering costs. The multiplier depends on the severity of your injuries, nature of medical treatment, and the length of recovery. Another approach often used by insurance adjusters is to use a daily rate when determining the settlement for your pain. In both cases, to get the final settlement figure, insurance companies add general damages to special damages. Determining how much a pedestrian accident case is worth gives an opportunity for back-and-forth negotiations between the driver and the pedestrian. Usually, they do not conduct the negotiations themselves. The insurers present an argument in favor of the driver to reduce the settlement amount. And a pedestrian accident lawyer on the other side tries to give evidence to increase the amount the pedestrian gets. A trustworthy pedestrian accident lawyer will work on a contingency fee basis. It means they get a certain percentage of the settlement amount only if they win the case.
How Long Does a Pedestrian Accident Settlement Take?
What is the Average Settlement Amount in a Pedestrian Accident Case? Injuries in a pedestrian accident are almost inevitable. Cars are much heavier than our body which is why most pedestrian accidents result in significant injuries. The severity of the injuries can depend on many factors, such as speed or angle of impact. Very few pedestrians escape from such an accident without any damage. But what matters is how long will it take for them to get compensation, which is where a pedestrian accident attorney comes in. If you or someone close to you is involved in a pedestrian accident case, it is very important to understand the basics of the settlement process. It will help you understand what factors influence the duration of the settlement and why it usually takes so long. If you know how the settlement after a pedestrian accident works, you may be able to influence it a little and speed up things, so you do not need to wait. However, what’s most important is that you get adequate compensation for your damages. If you do not want to get into these legal details, it would be better to find a good pedestrian accident attorney. He will explain you what you need to know and take care of the rest. What Affects the Process of a Pedestrian Accident Settlement? Every situation is different and the duration of a pedestrian accident settlement varies from case to case. The range is huge: from a few months to many years. Why is there such a big difference? There are many factors that affect the settlement process. Severity of the injuries. Usually, the settlement does not take place until the medical treatment is completed. It means the case will not be closed until the pedestrian is cured or stable without the chance for any possible further improvement. If pedestrians receive minor injuries, they get better rather quickly. On the other hand, in case of severe injuries the settlement process can take several years. Negotiations with the insurance company. After the treatment is completed settlement negotiations with the insurance company take place. They also take time. Even if there are no problems and the settlement amount satisfies both parties, negotiations will still take months. If the pedestrian claims more money that the insurance company is ready to pay, the settlement negotiations will naturally take more time until they reach the consensus that will satisfy them all. Sometimes neither the pedestrian nor the driver has insurance. The only option for the compensation in this case is to pursue a lawsuit against the driver. Sometimes, unfortunately, if the driver has not got enough assets, the pedestrian has no chance of getting a sizable compensation. Trial. Not all pedestrian accident settlements go as far as a court room, but sometimes it happens. For example, an actual trial can be required because the settlement is not successful. In this case, the process will take even more time than a simple out-of-court settlement. What to Do in a Pedestrian Accident If you have an accident it is important to take some particular steps to ensure quick settlement process. If you fail to do it, problems might occur that will hinder it. The first and the most important thing after the accident is to get necessary medical care. After this you should contact the police if they have not arrived yet. Also, notify your insurance company and the driver’s. Don’t forget to contact an experienced pedestrian accident attorney. He will ensure that you get the full and fair compensation you are owed. (#case-consultation-form-container)FREE 24/7 Consultation