How Much Money Can You Get From Getting Hit by a Car as a Pedestrian?
If you were hit by a car while walking, jogging or running in California, the law may entitle you to financial compensation from the at-fault party. If a driver could have prevented your accident but failed to do so through an act of carelessness or recklessness, for example, the driver will be financially responsible for your injuries. The amount of money you could get will depend on the specifics of the case.
There Is No Such Thing as an Average Settlement Amount
It is important to realize that no average settlement amount will accurately depict how much money you could receive from getting hit by a car. Injured accident victims receive widely varying amounts based on the specific injuries and losses suffered.
As a general rule, a victim with a severe injury will be eligible for greater financial compensation than a victim with minor injuries. However, each case and client is unique. The only way to obtain an accurate settlement estimate is by consulting with a Los Angeles pedestrian accident attorney.
Types of Compensation Available
Although it may not be possible to estimate the value of your case based on averages, you can make a list of your compensable economic and noneconomic losses for an idea of what your claim might be worth. The civil justice system in California allows you to seek financial compensation for many types of damages, including:
- Past and future medical expenses
- Ongoing medical care or therapy
- Lost wages and future earnings
- Physical pain and suffering
- Emotional injuries or mental anguish
- Permanent disability, disfigurement or scarring
- Lost quality of life
- Loss of consortium
- Wrongful death damages
The point of compensatory damages is to make an injured accident victim whole again, or return the victim to the same position he or she would have been in had the pedestrian accident not occurred. If you are eligible for punitive damages, these are meant to punish a defendant for particularly wrongful or grossly negligent acts, such as driving drunk.
Calculating Your Case Value
Once you make a list of the losses you suffered in the pedestrian accident, you and your attorney can calculate the value of your case. You will start by adding up all of your economic or tangible losses based on bills, pay stubs and receipts. Don’t forget to project future estimated expenses as well. Then, work with an attorney to estimate the value of your noneconomic damages. This is the most difficult part, as this type of award is generally up to a jury to decide.
What Factors Affect the Settlement Amount?
When trying to calculate your damages, keep in mind some of the factors that most commonly change the final value of a personal injury case. Generally speaking, the number one factor is injury severity. Injury severity will increase damages all around, including medical bills and pain and suffering. This will result in a greater financial award available for the victim.
Other factors that may affect case value are:
- Your prognosis for recovery
- Temporary vs. permanent disability
- Age and overall health
- Income level
- Number of defendants
- Amount of insurance available
- Your comparative negligence for the accident, if any
- Amount of mental and emotional trauma
- Costs of litigation
Numerous factors can change the value of your pedestrian accident insurance settlement or jury verdict. This is why it is necessary to consult with an attorney to obtain a fair and accurate estimate of your case’s value.
A Pedestrian Accident Lawyer Can Evaluate Your Case
You cannot trust the value assigned to your case by an insurance company as an injured pedestrian in California. Auto insurance companies want to minimize payouts to maximize their profits. Instead, speak to a pedestrian accident lawyer near you for a case evaluation you can trust. Your lawyer will carefully review the facts of your case to estimate a fair value.