Which Factors Could Influence Your Settlement After a Pedestrian Accident?

When a car hits a pedestrian, the pedestrian typically has far worse injuries than the driver. Obtaining fair pedestrian accident compensation can be essential for affording accident expenses like medical treatment and lost wages. However, it’s hard to estimate exactly how much your pedestrian accident claim might be worth.

Many factors impact pedestrian accident compensation. Understanding the most important elements can help you get an idea of how much you stand to gain by contacting a pedestrian accident attorney for help with your claim.

Severity of Injuries

The severity of injuries is one of the most important factors in a pedestrian accident case. In a minor crash, a pedestrian might only suffer scrapes and bruises. In a serious accident, however, you might experience more severe outcomes, such as:

• Brain injury

• Spinal injury

• Amputation

• Broken limbs

Pedestrian accident compensation is designed to provide reimbursement on par with the injuries. Minor injuries that heal quickly result in a smaller case value, whereas you can expect a higher value after experiencing major or permanent injuries.

Medical Expenses and Future Care Needs

Medical expenses are among the primary factors used to identify economic damages in a pedestrian injury case. One pedestrian accident might result in a single trip to the doctor, while another might lead to the need for lifelong attendant care. Some of the most common medical expenses associated with a pedestrian accident include:

• Ambulance bills

• Surgery bills

• Therapist bills

• Specialist bills

• Attendant care costs

• Medical device costs

• Prescription medication costs

Pedestrian accident compensation can reimburse you for all these costs and more. These include both the medical debt already incurred and any expected long-term future costs.

Lost Wages or Loss of Earning Capacity

Even a minor pedestrian accident can result in lost wages during the recovery period. After a major car accident, the injured pedestrian may never be able to return to work or might have to switch to a less lucrative career. If this happens, your pedestrian accident case value can reimburse you for lost wages and benefits or anticipated lifetime wages.

Impact on Quality of Life

A pedestrian accident that causes permanent injuries can take a significant toll on your overall quality of life. This is considered in your compensation value. You can recover non-economic damages for a serious injury that reimburses you for diminished quality of life, as well as things like pain and suffering or scarring and disfigurement.

Insurance Coverage and Policy Limits

Pedestrian accident injury compensation is obtained through the at-fault driver’s insurance policy. How much you can recover may be limited by the type of insurance policy the driver has and the monetary limits of their policy.

Liability

Liability refers to the person or entity responsible for injury expenses. In a pedestrian accident, how much you can recover depends on whether you were partially at fault for the accident.

For example, if you were crossing the street illegally when the driver had the right-of-way, you may be found partially responsible for the crash. If you were less than half at fault for the collision, you can still recover compensation in South Carolina. However, the amount you walk away with will be reduced by the percentage of fault assigned to you.

FAQ

Do I Need a Lawyer to Recover Pedestrian Accident Compensation?

Hiring a lawyer is the best way to ensure you recover the pedestrian accident compensation you need. Working with an experienced lawyer is particularly important in cases involving serious or permanent injuries.

Will I Have to File a Lawsuit to Recover Compensation for Pedestrian Accident Injuries?

You probably won’t have to file a lawsuit to recover pedestrian accident injury compensation. Most cases are successfully resolved via settlement during the negotiation stage.

How Long Do I Have to Contact a Pedestrian Accident Attorney?

You should always contact a pedestrian accident attorney as soon as possible after the accident. You have three years from the date of the crash to file a personal injury lawsuit in South Carolina, unless a governmental entity was involved in the accident, which shortens the time limit to file to two years.