Being involved in a pedestrian accident is often a life-altering experience. When a pedestrian is hit by a car, the resulting injuries can be severe and cause significant medical bills.
Knowing how pedestrian accident settlements work is essential for those seeking compensation. We are here to cover the factors that affect settlements and how to maximize your personal injury claim.
At Davidoff Law, our experienced personal injury lawyers are committed to helping victims of pedestrian accidents. We know the challenges you face after being hit by a car, and we're here to help.
We provide comprehensive legal support, from dealing with the insurance company to filing a personal injury lawsuit. Let us help you maximize your pedestrian car accident settlement. What do you need to know to recover what's owed to you?
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Factors Affecting Pedestrian Accident Settlements: Pedestrian Hit By Car
Several factors influence the amount of a pedestrian accident settlement. Awareness of these elements can help you know what to expect from your case. Below, we explore key factors that affect the value of your claim.
Severity of Injuries and Medical Costs
The severity of your injuries matters in determining your settlement amount. Serious injuries like fractures, spinal cord damage, or traumatic brain injury result in higher medical bills and longer recovery times. These costs increase the compensation you may receive.
Documenting all medical expenses is vital for maximizing your settlement. If you’ve suffered a serious brain injury, we can fight for you.
Lost Wages and Impact on Earning Capacity
If your injuries stop you from working, you could be entitled to compensation for lost wages. This includes the income you've already lost and future earning capacity.
For instance, if a pedestrian accident results in a disability affecting your work ability, your settlement should reflect that. A compassionate personal injury lawyer can help calculate these losses accurately.
Severity of the Driver's Action or Inaction
The driver's behavior during the accident can influence your settlement. If the driver was extremely negligent, such as driving under the influence or texting while driving, it may increase the compensation.
Courts often award higher settlements when the driver's actions are particularly reckless. This serves as a deterrent and acknowledges the severity of the negligence.
Emotional Distress
Pedestrian accidents can also cause emotional distress, and non-economic damages account for this mental anguish and reduced quality of life. Calculating these damages can be challenging, but they are vital to your settlement. Your personal injury lawyer will help quantify these losses.
Resources of the Defendant
The defendant's insurance coverage and personal assets can affect your settlement. If the driver has substantial insurance coverage, you may receive higher compensation.
However, collecting a large settlement may be challenging if the driver lacks sufficient insurance, your lawyer will identify alternative options for securing compensation.
MVAIC Insurance: What To Know
The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides essential coverage for New York residents involved in accidents with uninsured or underinsured drivers. Established under Article 52 of New York Insurance Law, MVAIC ensures access to No-Fault and Bodily Injury benefits for eligible individuals.
This program helps cover medical bills, lost wages, and other expenses resulting from motor vehicle accidents when no other insurance is available. By offering prompt and compassionate support, MVAIC plays a critical role in protecting vulnerable accident victims in New York.
Steps in the Settlement Process
The settlement process after a pedestrian accident involves several critical steps. Understanding each stage can help you prepare and increase your chances of a successful outcome.
- Seek medical attention. After being hit by a car, get immediate medical care. This ensures your injuries are documented and treated promptly.
- Gather evidence. Collect information from the accident scene, including photos and witness contacts. This evidence supports your personal injury claim.
- Report the accident. File a police report detailing the incident. Official documentation is vital for your case.
- Consult a personal injury lawyer. Ask for legal advice from an experienced personal injury lawyer. They can guide you through the legal process.
- File a Claim with the insurance company. Notify the driver's insurance company of your intent to seek compensation. Provide the needed documentation to support your claim.
- Negotiate a settlement. Your lawyer will negotiate with the insurer on your behalf. The goal is to reach a fair pedestrian accident settlement.
- Consider filing a lawsuit. You may need to file a personal injury lawsuit if negotiations do not work. This step seeks compensation through the court system.
Following these steps can lead to a smoother settlement process. Your pedestrian accident lawyer will assist you at every stage.
The Average Settlement Amounts for Pedestrian Accidents Varies Markedly
Settlement amounts in pedestrian accident cases can vary widely. Factors like injury severity, medical bills, and lost wages influence the final amount.
Minor injuries could lead to smaller settlements, while catastrophic injuries can lead to significant compensation. Each case is unique, so it's essential to consult with a personal injury lawyer for an accurate assessment.
Insurance coverage limits also affect settlement amounts. If the at-fault driver's insurance policy has low limits, it may cap your compensation. In some cases, additional sources of recovery may be available. Your lawyer will explore all options to maximize your pedestrian accident settlement.
Role of Insurance Policy Limits in Settlements
Insurance policy limits define the maximum amount an insurance company will pay for a claim. If your damages exceed these limits, you may not receive full compensation from the insurance company alone. Knowing these limits is crucial in setting realistic expectations for your settlement.
In situations where the driver's insurance is insufficient, other avenues may be pursued. This could include suing the driver personally or pursuing compensation from your own insurance policy if you have underinsured driver coverage. A skilled personal injury lawyer can help work through these issues.
When a Personal Injury Lawsuit Might Also Be Necessary
Sometimes, negotiations with the insurance company fail to result in a fair settlement. In these cases, filing a personal injury lawsuit might be necessary. This legal action lets you demand compensation through the court system.
Litigation can be lengthy and challenging, but it could be the best option to obtain the compensation you deserve. Your pedestrian accident attorney will represent you in court, presenting evidence to prove the driver's negligence. The decision to file a lawsuit should be made with your lawyer's guidance.
How a Lawyer Can Maximize Your Settlement
An experienced personal injury lawyer is indispensable for maximizing your pedestrian accident settlement. They have the expertise to work through legal issues and advocate for you. Below are key ways a lawyer can help increase your compensation.
Proving Negligence by the At-Fault Party
Your lawyer will collect evidence to show the driver was negligent in causing the accident. This includes collecting witness statements, police reports, and video footage. Establishing negligence is essential for a successful personal injury claim. A strong case increases the likelihood of a favorable settlement.
Accurately Calculating Current and Future Damages
Accurately calculating your damages ensures you seek appropriate compensation. Your lawyer will account for medical bills, lost wages, and future medical needs. They may consult medical experts to estimate ongoing treatment costs. This thorough approach helps maximize your pedestrian accident settlement.
Fighting for Fair Compensation During Negotiations
Negotiating with insurance companies can be challenging. Insurers often aim to minimize payouts. Your lawyer will fight for your rights, pushing back against low settlement offers. Their experience in negotiations can greatly increase your final compensation.
Let Our Team Help You
At Davidoff Law, we have experienced personal injury lawyers dedicated to helping you after a pedestrian accident. We know the hardships you face when hit by a car. We aim to alleviate your burden by handling all legal issues of your case.
We assist with every step of your case, from evidence collection to insurance negotiations, to help you secure a fair settlement. Let us put our expertise to work for you. Your recovery and justice are our top priorities. If you have severe injuries, let us file a pedestrian accident claim and help you recover compensation.
Call Our Manhattan Pedestrian Accident Lawyer for a Free Case Consultation
If you've been involved in a pedestrian accident case, don't go through the legal process alone. Our Manhattan pedestrian accident lawyer is here to help you know your options. Davidoff Law is here to give injured pedestrians the legal representation they deserve.
We encourage you to see what some of our prior clients say. Contact us today for a free case consultation. Let us fight for the compensation you deserve.
