Pedestrian Accident Settlement
After suffering injuries in a pedestrian accident, several factors might significantly influence any pedestrian accident settlement or verdict. Some of those factors can be pivotal in determining the amount of any settlement or verdict. Since you want to pursue the maximum value of your claim or lawsuit, keep the following five factors in mind.
Evidence of Fault
Another party might be 100 percent at fault because they operated their vehicle in an unsafe manner. This type of evidence might consist of the police accident report, traffic, dashcam, or surveillance camera footage of the crash, passenger, eyewitness statements, and photos of the vehicles of the respective parties. Every so often, drivers admit fault to the investigating police officer.
The Nature and Extent of Your Injuries
Is your injury permanent? Nearly all strains or sprains involving muscles, tendons, and ligaments will clear up in six to eight weeks. These types of damages are not as compensable as permanent injuries.
Here are a few examples of permanent injuries Severe traumatic brain and spinal cord injuries, Traumatic amputations, Burns from fire, explosions or electrocution, Fractures, especially if surgery was required and hardware was implanted, Organ damage, Spinal injuries, like one or more disc herniation and Severe dental injuries.
Victims who suffer one or more of the types above of injuries due to the carelessness and negligence of somebody else will require extensive medical care. They are likely to endure protracted or lifelong pain and suffering. The extent of these types of injuries makes them more compensable.
Your Medical Records and Bills
Expect the opposing insurance company to examine these in exacting detail.
Seek medical assistance immediately after the crash. If you experience any pain or discomfort, ask the 911 operators to send paramedics along with the police. The paramedics will treat you at the scene and transport you to the most local emergency room. A record will be made of that.
After examining and treating you, the emergency room physician will make another record and provide you with instructions. Follow them. Those records from the paramedics and emergency room will begin a long history of the extent of your injuries along with treatment.
Never skip an appointment with a doctor or therapist. Your credibility could be attacked, and you can be labeled a malingerer, impacting pedestrian accident settlement or verdict.
It might be alleged that you were partially at fault for the accident. Even if that is proved, you can still recover compensation for your injuries, but any settlement or verdict would account for any percentage of fault attributable to you. For example, if a jury found you to be 15 percent at fault for an accident, a $100,000 verdict would be reduced to $85,000.
The Request for a Statement
You’re likely to be contacted by the opposing insurance company shortly after your accident “to see if you’re feeling any better". That’s just a pretext for trying to obtain a recorded statement from you about how your accident happened. Never give an opposing insurance a statement of any kind without an attorney being present on your behalf. The law doesn’t require you to provide one.
That person who phones you already knows how the accident happened. They possess a copy of the police report. If that person says your claim will be denied and closed for want of a statement, contact a qualified and experienced personal injury lawyer right away. Upon being retained, they will contact the opposing insurance company right away. In the interim, don’t mention your accident on social media.
An opposing insurance company will do everything possible to attempt to devalue your injury claim. Until you retain a quality and experienced personal injury lawyer, protect your claim or lawsuit by keeping these five factors that could impact your pedestrian accident settlement in mind at all times. We will advise you further. William John DiPetrillo has over 25 years of experience in pedestrian accident settlements and is a member in good standing of the Florida Bar Association.