No two accidents are alike – however, it can be helpful to know what’s average in terms of pedestrian car accident settlements. After all, a pedestrian accident victim is likely to have been hit by a large, heavy vehicle moving faster than the pedestrian. Injuries may be severe. Our pedestrian accident lawyers explain average settlements in pedestrian accidents and the kinds of things that may impact the amount that a person receives when they are a victim.
What determines the average settlement for a pedestrian hit by a car?
Each pedestrian car accident claim is determined individually. There is no set amount or minimum.
The plaintiff investigates the circumstances surrounding the accident and their injuries. They see what damages are available under the law, and they determine their value of damages. A pedestrian accident claim may be worth a little or a lot – it just depends on what happened in that particular case.
For a victim with whiplash and bruising, full compensation for their injuries may be $50,000. For another victim with paralysis, fair compensation may be $1 million. The best way to know what your case may be worth it to speak with a pedestrian accident attorney for an individual evaluation.
Factors that impact the average value of a pedestrian hit by a car settlement
Here are some of the factors that impact average compensation for a pedestrian hit by a car:
1. Injuries to the victim
Not everyone gets the same amount for a pedestrian accident claim. The inquiry into the appropriate amount begins with an evaluation of the victim’s injuries. A person who has permanent, disabling injuries should receive more than a person who recovers in a few weeks. The severity of the injuries and how long they are expected to last affect the average amounts paid to victims.
2. The victim’s situation before the accident
While it may seem unfair, the victim’s life before the accident may play into whether payments are more or less than average. The amount of lost wages and earning capacity can be claimed as damages. Similarly, replacement services may be appropriate where a person contributed to the care of others and upkeep of the home. Changes in lifestyle and activities that the victim could enjoy before the accident can also impact the amount.
3. Documentation of damages
The victim must document their damages. They must explain what their damages are worth and why. They must take particular care to prove damages that are expected to last into the future beyond the resolution of the case. The ability to document damages to a certainty can impact compensation amounts.
4. Laws that apply to the case
Different states have different laws for car accidents. Some states use a no-fault system, where minor injuries are processed through the victim’s own insurance. In these states, injuries must meet a threshold of severity even to be included in the average – so the average accident settlement amount is going to seem higher. Pennsylvania allows drivers to choose between limited and full tort coverage. For this reason, average amounts in Pennsylvania may seem different than they are in other states. The average amounts may seem deceiving because state laws vary.
5. The link between the accident and injuries
A victim must prove that their injuries are the result of the accident. This is an element of any pedestrian accident claim called causation. There may be other factors too, but the accident must cause the injuries. If there are questions about pre-existing conditions or other causes, that may lessen the overall value of a claim.
6. Shared fault
When a pedestrian shares some fault for an accident, the value of their case may be reduced. For example, the driver may have been speeding, but the pedestrian crossed the road without the right of way. If there is shared fault, the victim may still recover something if they are not more than 50% to blame. However, shared fault reduces the amount that they receive.
7. Punitive damages
Sometimes, a pedestrian accident occurs because of extremely reckless or malicious conduct. When that’s the case, the court may award punitive damages. These damages don’t directly reflect the victim’s losses. Rather, they punish the driver for their outrageous conduct. There is no set formula for determining punitive damages. If they are awarded, they can significantly increase the amount of an individual award and the overall average for pedestrian accident cases.
Will I get more or less than average for my pedestrian accident claim?
Whether you get more or less than average for your pedestrian accident claim depends on a lot of factors. Some of these factors are how seriously you’re injured and your personal losses. Other factors are the laws that apply to your case and whether you share any fault for the accident.
How you pursue your legal claim can significantly impact the amount that you receive. An experienced attorney for pedestrian accidents can help you evaluate the law and what damages you can claim. They know how to prove causation between the accident and the injury and respond to any issues of shared fault. You might have a great case – but you must pursue it to get maximum compensation. Our attorneys can help.
Attorneys for Pedestrian Accident Compensation
The pedestrian accident lawyers at Luschas, Naparsteck & Crane, LLP are 100% focused on guiding you and your loved ones through challenges. We provide clarity, resolution and peace of mind. When an accident seems like too much to bear, we are here to pursue your claim.
Let us help you understand the factors that play into the value of your case. Then, we diligently work to maximize your compensation. Contact us today for a consultation.