Pedestrian accidents often leave victims with severe, life-changing injuries that leave them with long-term medical problems. As a result, victims are often entitled to substantial compensation.
That said, every case is different, and the amount of compensation you receive depends on a variety of factors. In addition, actually getting the compensation you deserve can be an uphill battle, as insurance companies do everything they can to limit the amount they payout.
The first step to determining the potential amount of your claim is to hire and work with a pedestrian accident lawyer. They will review your medical records and work with experts as necessary to identify the extent of your injuries and how they may impact you. A pedestrian accident attorney can determine how much you may seek when you file your claim and work to reach a fair settlement with the insurance company.
You Have a Legal Right to Full Compensation for Your Pedestrian Accident Injuries
Broadly speaking, the at-fault driver has a legal obligation to pay for your full damages when they have injured you. If you can prove that they were to blame for your pedestrian accident, they will need to pay for all the harm that they have caused you.
There are two major categories of damages in a pedestrian accident case:
- Economic damages
- Non-economic damages
Economic Damages for Your Pedestrian Accident Injuries
Economic damages are the actual financial costs associated with your pedestrian accident injuries. The most obvious element of your economic damages are the medical expenses you will incur, both in the past and the future. You may have had your own cost share for your medical care, and you can be paid back for what you have already spent through copayments and deductibles. In addition, your health insurance company will also need to be reimbursed for what they have already spent on your care.
You may also be eligible for lost income when you are unable to work because of your pedestrian accident injuries. You can also obtain compensation for the reduction in your earnings capacity if you cannot do the same work you did before the accident or the trajectory of your career has been altered. Lost income may be difficult to estimate because there may be differences of opinion in whether you can work and what you may have been able to earn in the future. If lost income is at issue in your case, your lawyer may employ the help of a financial expert who can speak to your losses.
Non-Economic Damages in a Pedestrian Accident Case
All elements of your pedestrian accident compensation may be difficult to estimate, but there are particular challenges involved in knowing the amount of your non-economic damages. These damages are meant to pay you back for the impacts that your pedestrian accident injuries have caused in your life beyond the financial costs. Your physical injuries result in a myriad of effects on your life.
Pain and suffering is the overall umbrella under which many of these impacts fall. Of course, you may be dealing with physical pain from your injuries, and that is compensable. The physical pain may cause a number of other effects, such as:
- Anxiety and depression
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
How the Insurance Company Tries to Calculate Non-Economic Damages
The insurance company tries to impose some sort of so-called objectivity in your pedestrian accident case by using certain formulas to calculate what they believe to be your pain and suffering damages. In particular, they like to use the multiplier method when you have suffered injuries that will remain with you for a lengthier period of time. This formula applies a multiplier to your medical bills based on the severity of your injuries. The more serious your injury, the higher the multiplier (insurance companies usually use a multiplier up to five for the most serious injuries). However, the multiplier method may result in a dramatic underpayment of your pain and suffering damages, and you want to ensure your story is heard.
You Can Negotiate for the Pedestrian Accident Compensation You Deserve
You do not have to accept a settlement offer that does not fully compensate you for your pedestrian accident injuries. They do not get to dictate the extent of your losses. If their settlement offer does not make financial sense for you, a pedestrian accident attorney will give you the advice to reject it.
The insurance company does not get to determine your compensation. Only a judge or jury can make a binding decision about whether you qualify for financial compensation and how much you can receive. If the insurance company will not be reasonable in settlement negotiations, your pedestrian accident lawyer will likely recommend taking your case to court.
How a Pedestrian Accident Attorney Can Get the Insurance Company to Pay Up
A skilled pedestrian accident attorney knows how to counter the insurance company’s tactics and maximize your compensation. They understand that formulas like the multiplier method often undervalue your pain and suffering.
Your lawyer will build a compelling case by gathering extensive evidence, including medical records, expert testimonies, and documentation of your daily struggles. They’ll craft a narrative that brings your experience to life, making it difficult for insurers to dismiss your suffering.
Your attorney will also anticipate and refute common insurance company arguments, such as claims that you were somehow at fault for your accident. They’ll negotiate aggressively, leveraging their legal expertise and knowledge of similar case outcomes.
If the insurer refuses to offer a fair settlement, your pedestrian accident lawyer won’t hesitate to take your case to court. There, they’ll present your story convincingly to a judge and jury, potentially resulting in a significantly higher award than the insurance company’s initial offer.
Contact a Pedestrian Accident Lawyer Today
If you do not already have a pedestrian accident attorney, now is the time to speak to one. A lawyer can evaluate your claim, determine your losses, and make sure that the insurance company treats you fairly. Contact a McLean, VA, injury lawyer today to schedule a free case evaluation.