There is no average payout for a pedestrian hit by a car because settlements vary widely depending on the details of each crash. The compensation will be based on the severity of the injuries, the circumstances of the accident, and the insurance coverage involved. Generally, compensation covers medical bills, lost wages, pain and suffering, and other losses.
The final payout often depends on factors like the extent of your long-term care needs, the level of negligence involved, and the available insurance coverage. Consult a Boston pedestrian accident lawyer to better understand what compensation you may get.
Factors That Impact the Payout for Your Pedestrian Accident Claim
Pedestrians are uniquely exposed to severe injuries when hit by a car. Unlike people in vehicles, they have no protection like a seatbelt or airbags. When a car strikes a pedestrian, the body absorbs the full impact, which can cause serious injuries to the head, bones, and internal organs.
Severity of Injuries
More serious injuries typically result in higher compensation. When you suffer severe injuries, such as broken bones, head trauma, spinal cord damage, or long-term disability, the cost of medical treatment, rehabilitation, and potential long-term care increases significantly.
If you are unable to return to work due to your injuries, lost wages will also be higher, which contributes to a larger settlement or award. Overall, the more serious and long-lasting the injuries, the higher the potential payout.
Pain and Suffering
Pain and suffering refer to the physical and emotional distress a pedestrian experiences after being hit by a car. This can include the immediate pain from injuries, such as broken bones, and the ongoing discomfort from long-term conditions like chronic pain. It also encompasses psychological effects, such as anxiety.
Pain and suffering are subjective and difficult to quantify, but they are a significant factor in determining your payout. Insurance companies or courts consider the severity and duration of your pain, how it affects your daily life, and any lasting impact when calculating the compensation.
In cases of severe injury, such as a permanent disability, pain and suffering can significantly increase the payout for pedestrians hit by cars to account for your diminished quality of life and emotional trauma.
Insurance Coverage Limits
Every insurance policy has a maximum amount it will pay for claims, which is known as the coverage limit. If the at-fault driver’s insurance has a low coverage limit, you may not receive full compensation, even if your losses exceed that amount.
In cases where the insurance coverage is insufficient, you may need to rely on other sources of compensation, such as your own insurance policy or a lawsuit.
Fault Laws in the State
In states with comparative fault laws, if you are partly at fault for the accident (such as if you crossed the street illegally), your payout may be reduced based on your percentage of fault. For example, if you are found to be 20% at fault, your compensation could be reduced to 80% of your losses.
Some states have a limit for the percentage of fault. For example, Massachusetts follows the modified comparative negligence rule, under which you no longer qualify for any compensation if you are 51% or more at fault for the accident, according to Mass. Gen. Laws ch. 231, § 85.
In contributory negligence states, if the pedestrian is even slightly at fault, they might not be able to receive any compensation at all. These fault laws influence how much you can recover from the at-fault driver’s insurance or through a lawsuit.
An Experienced Pedestrian Accident Lawyer Can Increase Your Payout Amount
An experienced pedestrian accident lawyer can significantly increase your payout amount by handling the legal aspects of your case. They can gather crucial evidence, such as police reports, witness statements, and medical records, to build a strong case that proves the other party’s fault.
Your lawyer will likely work with medical professionals to assess the full extent of your injuries and long-term needs. Additionally, an experienced attorney knows how to negotiate with insurance companies so that they don’t offer a low settlement. If necessary, they can take the case to court, fighting for the best possible outcome.
What Can You Do to Increase Your Pedestrian Accident Payout?
The most important thing you can do to protect the value of your claim is to work with an experienced pedestrian accident attorney. They will offer compassionate guidance throughout the claim process.
You can take some simple steps to increase your pedestrian accident payout, such as:
- Seek immediate medical attention
- Follow all medical advice and keep records of treatments
- Gather evidence at the accident scene (photos, witness contact information)
- Report the accident to the police and get a copy of the report
- Keep track of all accident-related expenses (medical bills, transportation, etc.)
- Avoid admitting fault
- Do not post anything about the accident on social media
- Keep a journal of how the injuries affect your daily life
Get More Than the Average Payout for Pedestrians Hit by a Car
Since 2004, we’ve been dedicated to helping injured individuals recover and move forward. As members of the Massachusetts community, we support those in need right here at home. Contact us today for a free consultation.
At Jason Stone Injury Lawyers, we operate on a contingency fee basis. This means you won’t pay us unless we win your case. Our fee is a percentage of your settlement or award, so there are no upfront costs. You won’t have to pay anything out of pocket; this is our Stone Cold Guarantee®.
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