How Compensation Is Calculated for Pedestrian Accident Injuries
Find out how compensation is calculated for pedestrian accident injuries and understand what affects your claim. See how much you might be entitled to now!
A local news channel could easily fill its entire day of programming with horrific car crashes. Pedestrian accident injuriescan be just as severe as those caused when two cars collide.
Walking away from a brush with a car with only a scratch makes you one of the lucky few. In cases of serious injuries, you should file a claim before the time to do so runs out.
Read on to learn how compensation for pedestrian accident injury cases is calculated.
Common Pedestrian Accident Injuries
Pedestrian accident injuries can be minor, such as:
- Road rash
- Fractures
- Damage to tendons or ligaments
They don’t require extensive recovery periods. They’re also not likely to cause serious disability.
Examples of a serious injury under Florida law include:
- Amputation or loss of a limb
- Paralysis
- Spinal cord injury
- Brain or head injury
Wrongful death even falls under the category of pedestrian accidents. Get a wrongful death lawyer who specializes in them.
Factors Affecting Pedestrian Injury Compensation
Getting compensation is one of the first steps towards emotional and financial recovery after accidents. The problem is agreeing on how much.
Courts and insurance companies are unbiased observers. That also means they don’t feel the case as deeply as you do. They have to assign a number to another human being’s suffering. It’s based on factors such as the severity of your injuries.
Severity of Injuries
One of the most important elements influencing personal injury claims is the severity of your injuries.
Consider the lasting impact of the injury, including how much money and time it will take to recover. The more severe and costly the injury is, the higher your compensation will be.
Medical Expenses
Compensation for medical expenses is based on estimates of current and future bills. These may include:
- Hospital stays
- Surgeries
- Medication
- Rehab
Most serious injuries go beyond what the average claimant can pay. According to data from Statista, the average lifetime cost of treating a spinal injury is approximately $3.1 million.
Lost Wages
This estimate calculates how much you’ll lose while off work recovering from your illness.
What if the injury results in a disability? The difference between your current and previous earning potential will also be factored in.
Pain and Suffering
This is the hardest factor when calculating pedestrian industry compensation. It refers to physical or emotional distress experienced as a result of the accident.
Most courts use the multiplier method. They take a number from one to five, depending on the severity of your injuries, and multiply the pedestrian injury damages based on that. The per diem method uses the number of days you’ve been in pain.
Insurance Policy Limits
Check the driver’s insurance policy and your own. They may limit the amount of pedestrian injury compensation you can receive. Many have a maximum amount that they won’t exceed, known as a policy limit.
Other Expenses and Factors
Other damages you may receive include:
- Property loss
- Transportation to medical care
- Home modifications
Any out-of-pocket expenses could be added to your claim if they’re related to your injury.
How Your Case Affects Compensation Amounts
Injuries aren’t always obvious, so it’s your word against the court or insurance company when you file a claim.
They have to determine how much compensation to give you based on who’s at fault. Proper representation can help steer the outcome in your direction.
Determining Fault
Florida is a no-fault state. That doesn’t mean that no one is at fault for an accident, but it does change how the claims process proceeds.
Personal injury protection (PIP) policies cover all reasonable expenses up to $10,000, regardless of who caused the crash. You do still have to seek medical treatment within 14 days of the accident.
You can file pedestrian accident claims for damages exceeding $10,000. They’re also applicable in cases of severe injuries or death.
Determining who is actually at fault for the accident may involve:
- Traffic camera footage
- Eyewitness testimonies
- Accident reconstructions
It works on a comparative fault system. Your compensation will drop by whatever percentage of fault the court determines you share for the accident. If you’re determined to be more than 50% at fault, you won’t get anything at all.
Legal Representation
A personal injury lawyer is your biggest asset in your case.
They’ll ensure that all categories of damages are considered, including economic and non-economic. Consider specialized representation for serious injuries. A brain injury lawyer is familiar with the complexities of these unique circumstances.
They’ll gather enough evidence to determine fault. A truck accident lawyer could prove it was the driver’s fault. It could even be the result of a design defect in the model.
They know how to argue with insurance companies on your behalf. They won’t accept the first lowball offer and will keep fighting until they get a fair one.
Case Outcomes
Your compensation rests on the outcome of your case.
Going to trial may result in a higher amount but is riskier. A settlement may be slightly lower but carries less risk. That’s why many pedestrian settlements are completed out of court.
How to Strengthen Your Claim
A car accident lawyer may be your greatest asset in maximizing your compensation, but you also have a major role to play in how it turns out.
Document the scene of the accident. Take pictures or videos. Get statements from witnesses. They’ll serve as valuable evidence later.
Follow your doctor’s medical advice after the accident. Failing to do so can harm both your claim and your health. Go to all appointments on time and follow any prescribed treatments. Keep records of your progress because they’re also an important source of evidence.
Find a Pedestrian Accident Lawyer Today
Pedestrian accident injuries range from life-changing to debilitating. When they get serious, it’s time to fight for compensation to cover your emotional and financial losses. Having the right lawyer can ensure you get the amount your case deserves.
Our team at Felice Trial Attorneys has worked with a variety of personal injury cases, from pedestrian injuries to wrongful deaths. We’ll fight to get the compensation you deserve, whether through a settlement or in court.
You won’t pay a cent until we help you win. Contact us for a free case evaluation today.
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