How a Pedestrian Hit by a Car Is Compensated for Injuries in Houston
One of the first questions that lingers in the mind of auto accident victims at the start of the claims process is “How much compensation will I get?” This is true for pedestrian accidents as well, as they often lead to fatalities, large medical bills, pain and suffering, a deprived enjoyment of life, lost wages, and lower earning potential, amongst others damages.
There are two key things to note about pedestrian accident claims. One, it can be very difficult to accurately determine the right amount to ask for in a settlement claim. Each case differs, and many variables come into play. Secondly, unlike what many people assume, accident liability is not always the driver’s. In some situations, a pedestrian can bear partial or full fault for an accident as well.
What Influences Compensation in a Pedestrian Accident?
Even though determining an amount for damages can be complicated, a number of factors are used to determine a compensation and damages amount that is fair. These factors include:
- The severity of bodily injuries sustained in the accident – Complex or long-term injuries normally settle for large amounts.
- The number of days, weeks, months, or years you have or will miss work – This is calculated in order to reimburse lost income.
- How the injuries impact your life routine – The extent of your pain and suffering, as well as your lost enjoyment of life, are a few of the factors that may be considered to determine how much compensation you are entitled to.
- The extent and nature of your medical treatment – Emergency medical bills, intensive care unit costs, special doctor appointments, special medical equipment, physical therapy, rehabilitation, and hospital transport costs are calculated to determine how much an accident should be settled for. Non-physician treatment such as the services of acupuncturists and chiropractors may also be considered.
- The prospects of fully recovering – The value of a settlement shoots up for people who suffer long-term or permanent injuries.
- The ease of assigning clear fault for an accident – The easier it is to prove liability on a driver, the faster you will likely get your settlement, and the higher it is likely to be.
- Any lost opportunities – Accident injuries such as disfigurement or loss of a body organ may make a victim lose opportunities in life. If you’re able to prove lost opportunities, you may be entitled compensation for the same.
- Injury impact on your earning capacity in the future – If an accident injury derails you from working at a similar level or in the profession you worked in before the accident, you may suffer from reduced earning capacity. Fortunately, you can seek compensation regarding your reduced capacity to earn.
How Do Insurers Reach a Settlement Amount?
A number of insurance adjusters take a victim’s quantifiable losses such as lost income and medical bills and multiply the total figure with a standardized multiplier which in many cases ranges between one and a half and five. The final product is usually set as general damages, and this is used to cover pain and suffering, the emotional impact of the injury, expenses incurred during the post-accident recovery period, and more. The more extensive your pain and suffering, recovery period, or emotional trauma are, the higher the assigned multiplier will be.
Other insurers use a daily rate to determine a victim’s settlement for pain and suffering. In this case, damages are summed up from the time pain and suffering are deemed to have begun (generally the day of the accident) to when it ends (which is generally when medical care and recovery are complete).
In both approaches, there is room for back-and-forth negotiations. The lawyer representing you will battle for your maximum compensation, while insurance companies will try to reduce their claim liability however they can.
Pedestrian Accident Wrongful Death Claims
Some pedestrian accidents lead to the death of a loved one. In such cases, a wrongful death claim may be filed against the responsible driver if there is enough evidence to prove fault.
A wrongful death claim seeks compensation for:
- All hospital bills incurred by a loved one from the point of an accident until the moment of death
- Burial and funeral costs
- Pain and suffering of the deceased before the accident
- Pain and suffering of the deceased victim’s descendants/family
- Loss of service and support formerly provided by the deceased
- Potential loss of inheritance
- Lost income
- And more!
Talk to a Houston Pedestrian Accident Lawyer – Free Consultation!
After suffering a pedestrian accident, you should file a claim with the responsible driver’s insurance company. However, as friendly as an insurance company’s representative might seem, the harsh reality is that it is their job to pay you as little as they can for the accident – even nothing at all if possible.
This is one of the main reasons you should have a lawyer on your side when seeking compensation from a negligent road-user that inflicted damages on you. Our team of expert Houston pedestrian attorneys will take on your case on a contingency basis regardless of how complicated your claim is. This means you pay nothing until your case is won. Call us now at 713-677-2159 and lean on the right team of legal professionals when you need it most.