Injuries to pedestrians in an automobile accident are almost unavoidable. Since motor vehicles are way bulkier and stronger than the human body, pedestrian accidents lead to severe injuries. The severity of the injury due to an accident depends on multiple factors, including the angle of impact, speed of the car, etc.
In a personal injury case, wherein a lawsuit or an insurance claim is filed, the first two questions that come to the victim’s mind are, “How long will it take for me to get compensation?” and “How much can I expect to obtain in damages?” While these questions remain the same for the pedestrians who have sustained injuries after being hit by a vehicle, there are two things to take into account when it comes to receiving compensation.
Firstly, it’s nearly impossible to come up with the so-called “average” compensation amount. This is because each case is unique and there are many factors involved. Secondly, accident liability is not always as definite as you may think. In few cases, the pedestrian may even be held liable (partially or even fully) for the accident.
Since pedestrians rarely walk away without being injured in car-pedestrian accidents, it’s important for them to know the answers of the questions above – and this is where a pedestrian-automobile accident attorney comes in.
If you or your loved one has suffered injuries in a pedestrian-car accident, you must be aware of the fundamentals of the settlement process. If you know how settlement works in a pedestrian accident case, you might be able to expedite things. However, the most important thing is that you get the recompense you truly deserve. In case you don’t want to get involved in the legal details of your case, you may consider hiring an experienced pedestrian accident lawyer in Clermont, Florida. Besides just explaining everything you may need to know about your settlement to you, they can handle your pedestrian accident case efficiently.
Table of Contents
Factors Affecting the Duration of Settlement in Pedestrian Accident Cases
Every case is different and the time for settlement varies from case to case, ranging from several months to years. Here are some factors that may affect the settlement process with respect to the duration and amount:
Severity of Your Injuries:
In general, the settlement doesn’t take place until the necessary medical treatment is over. This means that the case will not close until the victim recovers fully without any chance of further improvement. If a pedestrian receives minor injuries, they recover quickly. On the other hand, pedestrian accident cases involving serious injuries may take years to settle.
Negotiation with the Insurers:
Once the treatment is over, settlement-specific negations with the insurers involved begins. This also can be time-consuming. Even when there is no dispute and both parties agree to the settlement amount, negotiations may take a couple of months. If a victim asks for more than what the insurance company is ready to pay, the settlement process will consume more time, until both parties agree on a settlement amount. In some cases, neither the driver nor the pedestrian has insurance. In such a situation, the only option is to take the case into the courtroom. In few unfortunate cases, if the driver at fault lacks enough assets, the victim has less chance of obtaining a sizeable compensation.
While not every pedestrian-car accident cases go to trial, a few end up in the courtroom. For instance, a case may require going to trial because of unsuccessful settlement attempts outside the courtroom. This type of settlement naturally takes more time, compared to out-of-court settlement.
Factors Affecting the Amount of Compensation in Pedestrian Accident Cases
Here are some common factors that will impact the amount that injured pedestrians can expect to obtain in damages through a car-pedestrian accident claim:
- Severity of the injuries: More severe injuries are likely to bring bigger settlement amounts.
- Time missed at work: Lost income is recompensed.
- Nature and extent of the medical treatment: Treatment and services offered by non-physicians, such as acupuncturists and chiropractors, hold less value.
- Impact of injuries on the day-to-day life of the victim: Recompense for the suffering and pain is tough to negotiate.
- Scope of full recovery: For cases involving long-term or permanent injuries, settlement value shoots up instantly.
- Absence or presence of accurate fault for the crash: In most cases, the person behind the wheel is clearly accountable.
- Any lost opportunities due to injuries: Inability to lead a normal life post accident.
- Injuries resulting in the inability to earn a living in future: If an injury prevents a victim from working as efficiently as before their accident, they are legally required to be recompensed for their lost future income.
What Should You Do in a Pedestrian Accident Case?
If you have been involved a pedestrian-car accident, it is crucial to take a few necessary steps to ensure fast settlement process; any delay in taking these steps may result in problems that will hamper the settlement process.
Seeking medical attention is the very first thing you should do after an accident. The next is to getting in touch with an experienced pedestrian accident attorney in Clermont, Florida, as they can help you build a solid pedestrian accident case as well as represent it skillfully, so that you get the right compensation to cover your losses.