Every pedestrian accident has unique facts, so the amount of compensation a person can get in a settlement for a pedestrian accident claim will vary widely. If you were lucky, and you suffered only minor harm, your settlement will be much less than the settlement for a person with life-changing injuries.
Although we cannot tell how much a pedestrian accident claim will be worth for purposes of settlement value without meeting with you and getting more information, several factors consistently affect how much compensation you can receive.
Contact S. Burke Law at 404-842-7838 to schedule a free case evaluation and consultation.
Initial Financial Losses You Sustained
Getting injured comes with costs. The initial losses are usually:
Medical expenses. Any reasonable amount for services you needed because of the wreck will usually be a part of your settlement. In the early days, your medical care can include things like:
- Emergency room
- Diagnostic imaging (x-rays, CAT scans), blood tests, and other lab work
Lost wages. Even a minor injury can cause you to miss a few days or more of work. Whether your pay is hourly or salary, you can get compensation for the income you missed out on because of the pedestrian accident. We will use your wage records to show the income you lost.
Your Long-Term Financial Losses
Some people heal completely after the initial medical care and recuperation time. Others, unfortunately, have to endure more extensive medical procedures. Some people never achieve a full recovery of their pre-accident function. The more severe your injuries and more significant and lasting the impact on your life, the larger your settlement is likely to be.
Your settlement can include:
Ongoing medical procedures: such as subsequent surgeries, physical therapy, occupational therapy, complications from the injuries, and wound care.
Rehabilitation: usually for head trauma, spinal cord injuries, and other catastrophic harm.
Decreased earning potential: in the event that you can no longer earn as much money after the accident because of your injuries.
Disability: if you are unable to work at all because of the injuries.
Long-term assistance: if your injuries render you unable to perform some functions of daily living, like dressing, bathing, eating, and meal preparation.
Assistive equipment: if your injuries make it necessary for you to use modified transportation, need home modifications like wheelchair ramps, buy equipment for home use like lift devices, or require mobility items like crutches, wheelchairs, or walkers.
Your Non-Economic Damages
Having someone reimburse you for the out-of-pocket costs you incurred because of that person’s negligence is a positive first step toward making you whole, but if you sustained physical injuries in a pedestrian accident, you might also have suffered these damages, which can be part of your settlement:
Pain and suffering: for the physical pain, inconvenience, and mental distress you experienced.
Loss of enjoyment of life: to give value to things the accident took away from you – things that brought you joy – like hiking, running, and living independently.
Disfigurement. If someone’s negligence caused you to sustain extensive scars or dismemberment, you have suffered a loss in addition to the medical bills.
Emotional consequences. The trauma of experiencing a pedestrian accident can cause you to suffer depression, anxiety, fear, PTSD, and other mental health conditions that you would not have in your life but for the wreck.
How Comparative Negligence Affects the Amount of Your Settlement
We all make mistakes. In the state of Georgia, your negligence will not necessarily bar you from recovering damages for your losses. You can still collect compensation if:
- Someone else was also at fault; and
- Your negligence was less than 50 percent of the total fault in causing the accident.
The law of comparative negligence will reduce your compensation in proportion to the amount of your fault. On the other hand, if the judge says that you were 50 percent or more at fault, you will get nothing for your losses.
Thus, work with a lawyer who can help establish the other party’s negligence and fight back against any allegations of comparative negligence.
Tips to Avoid a Reduction in the Settlement Value of Your Pedestrian Injury Claim
Talk with a personal injury lawyer right away. The insurance company might try to get you to agree to a quick, early settlement for a lowball amount before you know the full extent of your injuries or how they will impact your life.
Taking the money will prevent you from getting any more money from the insurance company for this wreck, even if it turns out that you are never able to work again. Your lawyer will deal directly with the insurance company on your behalf.
Getting Help with Your Pedestrian Accident Injury Claim
There are specific actions you should take after an accident. S. Burke Law will talk with you and evaluate your pedestrian accident. Call us today at 404-842-7838 for your free consultation.