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.
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:
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.
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:
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.