Many potential clients come to us inquiring about their case value as a pedestrian hit by a car. Settlement values on pedestrian accidents or any other type of car accident will vary.
Understandably, you want to know what kind of compensation you might receive for your injuries. However, there is no average settlement for a pedestrian hit by a car that applies in every scenario.
When you retain a San Francisco pedestrian accident attorney, we can tell you what a possible settlement range might be for your specific case.
What Determines the Settlement Amount?
Before people decide to pursue litigation, they often ask what is a typical settlement for a hit pedestrian. We can’t provide a specific amount because many factors determine the case value for each victim’s case. Even pedestrians who have similar injuries can find that their cases resolve for different amounts.
One of the most influential factors on your settlement amount is your injuries. What type of injury did you sustain, and how serious is it? A pedestrian who suffers life-threatening injuries and needs multiple surgeries will have a higher case value than a pedestrian who suffered a minor fall. Other factors, like your prior medical history, can impact your case value.
Liability also plays a significant role in your settlement amount. While a pedestrian isn’t usually at fault in an accident, that’s not always the case. There are some pedestrian accidents where the pedestrian’s actions were a contributing or even the primary cause of the accident. If you are partially at fault for the accident, then your potential settlement amount will be reduced by your percentage of fault.
California is a pure comparative negligence state. What that means is that even if you are primarily at fault for the accident, you could still collect something for your injuries. For example, if your case goes to trial and a jury determines you are 20% at fault, you could receive 80% of your damages. If the jury decides that you are 80% at fault, you could still collect 20%. Understand that pure comparative negligence means the driver of the car will likely pursue a claim through your insurance company as well.
Will I Have to File a Lawsuit and Go to Court?
Many cases in California wind up in the court system, including ones involving a pedestrian hit by a car. A lawsuit may be necessary due to the statute of limitations. The statute of limitations in California gives you up to two years from the date of the accident to file a lawsuit. If you are negotiating directly with the insurance company and the deadline is approaching, you must file. Otherwise, the driver’s insurance company is under no obligation to compensate you for your losses.
When you retain an experienced San Francisco pedestrian accident attorney to handle your case, we will make sure a lawsuit is filed on time. You don’t need to stress about getting the date right and completing the necessary steps.
Even in cases where the statute of limitations is far off, it may be necessary to file a lawsuit. Some insurance companies would rather deny liability outright, forcing you to pursue the claim through litigation. Or they may be unwilling to agree to a fair settlement.
If your case does proceed to litigation, you’ll want an experienced San Francisco pedestrian accident attorney representing you. Litigation can be costly, and you need someone with the skills to build the strongest case possible. The larger liability percentage the jury finds against the driver, the higher your damage award will be.
What Can I Get Compensation for?
When you pursue a claim for damages as a pedestrian hit by a car, compensation will usually consist of your medical expenses and time off work. If your injuries are serious, you may need future medical treatments, physical therapy, etc. If your injuries are so severe you cannot return to work anytime soon, you could also argue for future lost wages or even loss of earning capacity based on a disability.
Compensation for pain and suffering can also make up a significant portion of your settlement. The more severe your injuries are, the larger your pain and suffering compensation might be. If the driver who struck you was driving under the influence at the time, you might also be entitled to pursue punitive damages. Punitive damages are meant to punish the defendant and send a message to others not to repeat the same behavior.
Get Help from a California Pedestrian Accident Attorney
If you are an injured pedestrian struck by a car, don’t wait to call a skilled San Francisco pedestrian accident attorney. Contact the Wakeford Law Firm today to schedule an initial consultation. We have a proven record of success in helping our clients recover compensation for their injuries. Let us protect your rights and fight for the financial compensation you deserve.