It’s hard to determine an average settlement for a pedestrian hit by a car. Cases involving pedestrians hit by a negligent driver tend to be more severe because pedestrians have no physical protection from the impact, so they often experience serious injuries.
The severity of these injuries can result in higher medical costs, longer recovery times, and a greater impact on the victim’s quality of life, all of which can influence the settlement amount. A pedestrian accident lawyer in Boston will review the unique details of your case and fight for the maximum settlement amount.
Factors That Affect the Settlement Value
Every pedestrian accident case is unique, but insurance companies, judges, and juries assess claims using similar types of losses. Your compensation is meant to help you return to the state you were in before the accident happened.
The Severity of Your Injuries
A pedestrian hit by a car is more likely to have severe injuries because they have no physical protection from the impact. Unlike vehicle occupants, who are shielded by airbags, seat belts, and the vehicle frame, pedestrians are fully exposed when struck.
Common injuries experienced by pedestrians hit by a car include:
- Broken bones
- Head trauma
- Spinal cord damage
- Internal bleeding
- Severe bruising
The severity can also increase based on the vehicle’s speed and point of impact. These injuries often result in long recovery periods, high medical costs, and lasting physical limitations, making pedestrian accidents particularly dangerous.
Total Losses
There are two main categories of losses: tangible and intangible. Your personal injury lawyer in Boston will consider all your past, ongoing, and future losses to calculate the accident’s full financial impact.
Tangible losses include medical expenses for emergency care and ongoing treatment, lost wages from missed work, and potential loss of future earning capacity. Property damage, such as damaged personal items, also falls into this category.
Intangible losses, though harder to quantify, can be equally devastating. These include pain and suffering and psychological trauma, such as anxiety or post-traumatic stress disorder (PTSD). In severe cases, a pedestrian may also experience permanent disability or disfigurement, further diminishing their quality of life.
The Degree of Negligence
The degree of negligence directly affects liability and fault distribution, determining the compensation amount. Most states follow either comparative negligence or contributory negligence principles.
Under the comparative negligence system, the pedestrian’s compensation may be reduced based on their percentage of fault. For example, if a pedestrian is found to be 20% at fault, their total compensation would be reduced by 20%.
Some states follow pure comparative negligence (including Arizona), where the victim can recover compensation even if they are 99% at fault. Others use modified comparative negligence (e.g., Massachusetts), which typically bars recovery if the victim is more than 50% or 51% at fault.
In states with contributory negligence rules (such as Virginia), if the pedestrian is found to be even slightly at fault, they may be completely barred from receiving compensation. This strict standard can significantly impact victims’ ability to recover losses.
Working With a Pedestrian Accident Lawyer Can Get You a Higher Settlement
Insurance adjusters or the opposing party will try to take advantage of your vulnerable state after the accident and settle the case for less than it’s worth. Don’t let that happen. Work with an experienced pedestrian accident attorney who will fight for the highest settlement amount.
A lawyer can help you get a higher settlement by:
- Investigating the accident thoroughly
- Collecting strong evidence
- Calculating all losses accurately
- Negotiating with insurance companies
- Filing legal documents correctly and on time
- Representing you in court if necessary
- Protecting you from unfair settlement offers
- Establishing the other party’s negligence
- Maximizing compensation for pain and suffering
Your personal injury lawyer will always represent your best interest. They will listen to your version of the accident carefully and create a personalized legal strategy to achieve your goals.
The sooner you call a law firm, the more time your attorney will have to strengthen your case. Work with a law firm that has a history of securing high settlements and verdicts.
What Injured Pedestrians Can Do to Secure a Higher Settlement
As a pedestrian injured by an automobile, you can take certain steps to increase your settlement amount. To make sure you take all the right steps, trust an experienced pedestrian accident attorney to guide you.
To protect the value of your pedestrian accident claim:
- Seek immediate medical attention to create a clear record of injuries.
- Gather evidence, such as photos of the accident scene, witness contact information, and the police report, to help prove fault.
- Keep detailed records of medical bills, lost wages, and other expenses to strengthen the compensation claim.
- Avoid communication with the at-fault driver’s insurance company without legal representation to prevent low settlement offers.
- Don’t post anything about the accident on social media; the insurance company or the opposing party can use this information to diminish the value of your claim.
Experienced Personal Injury Lawyers Can Help Pedestrians Hit by a Car to Recover
At Jason Stone Injury Lawyers, we work on a contingency fee basis. This means you won’t owe us anything unless we win your case. Our payment is a portion of your settlement or award, so there are no upfront charges. You’ll never have to pay out of pocket; that’s our Stone Cold Guarantee®.
We’re committed to helping our Massachusetts community because this is where we live and work. Since 2004, we’ve been supporting injured victims as they rebuild their lives. Call us today for a free consultation.
Not Trusting What You’re Being Told?
Better Phone Stone
800-577-5188
START MY NO OBLIGATION CONSULTATION
