One of the questions we consistently get asked by people who have been hit by a car is this: How much should I settle my case for? The truth is that it depends on the circumstances. Each case is unique, and thus it’s very rare that two cases will be worth the same exact amount of money. Our Orlando, Florida pedestrian accident attorneys wrote this article to flesh out some of the factors involved in valuing a pedestrian accident case.
Average Settlement for a Person Who Has Been Hit by a Car in Orlando, Florida
The average settlement for a pedestrian accident case is going to depend on how you define the “average” pedestrian accidence. By far, the most common pedestrian accident is the pedestrian vs. car case. As we will talk about below, there are many factors that go into determining the value of a claim. Unfortunately, cases can be capped by the amount of insurance the driver is carrying, especially when the driver does not have any valuable assets. Thus, the amount of money a case is worth could be limited by the amount of money available.
Whether it’s a pedestrian versus a car or any other type of automobile accident, folks often want to know what their case is worth, and they want to know what would be considered a fair settlement. Again, there is no algorithm for this, and so it’s impossible to determine a fair settlement without knowing more facts about the case.
Whatever the value of your case is, you don’t want to settle for less than that amount. The key to determining the proper settlement value is to perform a thorough investigation and get all the facts before deciding on a number value. Hence, insurance companies like to pressure people into settling a case as soon as possible after a pedestrian accident before attorneys are involved and before people know the full extent of their damages. Therefore, before you consider settling your pedestrian accident injury claim, you should contact a pedestrian accident attorney to make sure your rights are protected and to make sure the insurance company does not take advantage of you.
Factors to Consider When Valuing a Pedestrian Accident Claim
We handle pedestrian accidents in Orlando, Florida, but we also handle them in other states around the Southeast. These cases tend to be valued based on the same factors, no matter where they occur. Therefore, we have listed some important questions to ask after your pedestrian accident to help you and your attorneys determine the proper settlement amount for your case.
Did you suffer a traumatic brain injury (TBI) as a result of your pedestrian accident?
If you suffered a traumatic brain injury (TBI), your case will likely be worth more money because the long-term damage you have suffered and will experience is unknown. There is still a lot to learn about brain injuries, but what we do know is that they can cause serious problems later in life.
Was the driver at fault for the pedestrian accident?
Florida is a pure comparative negligence jurisdiction. This means that your recovery may be reduced by your percentage of fault. For example, let’s say a jury determines that you are 30% at fault, and the driver that hit you with his car is 70% at fault. Also, let’s say the jury determines that your case is worth $100,000. In that case, your $100,000 recovery would be reduced by $30,000. So, you would ultimately get $70,000. One of the most common ways a pedestrian could be at fault in a pedestrian accident is by walking across the road while looking at their cell phone.
How severe were your injuries?
One of the critical questions in every personal injury case is how much medical damages you have. The more severe your damages, the higher your medical bills, and the higher your medical damages. Additionally, if you suffer serious injuries that will cause you to suffer in the future, that will go into the calculation of the value of your case. Therefore, more serious injuries typically warrant a bigger amount of money in the average pedestrian accident case.
What are your lost wages as a result of getting hit by the car?
When you have to miss work because you were hit by a car, these are damages that you are entitled to. When you miss work because of injuries, this is called lost past wages. Additionally, if you will have to miss work in the future because of your injuries, you can receive compensation for that loss. This is called lost future wages. Finally, if you lost the ability to perform in your career or advance your career, that is called lost future earning capacity, and this is also a form of damages you can be compensated for.
Did the driver of the car that hit you have good insurance?
As we mentioned briefly before, sometimes a pedestrian accident case is limited by the amount of insurance available. This is especially true when the driver of the vehicle that hit you does not have any personal assets of value. In other words, if we sued this person, there would be no money to collect, other than the insurance policy. Therefore, you could potentially have a great case, but the insurance policy would limit the amount of money you could get.
Your Orlando Pedestrian Accident Attorney Can Help You Get the Full Value of Your Claim After You’ve Been Hit by a Car
Our experienced Orlando pedestrian accident attorneys can perform a thorough investigation and walk you through your options and next steps. We can evaluate the factors together and work to determine what would be a fair settlement after you’ve been hit by a car. Once we have all the evidence, we can make a sound decision about how much money you should get for your pedestrian accident case.
After we have an understanding of the factors of your case and the approximate value of your case, we can work together and send a demand package that includes everything we need to maximize the value of your pedestrian accident injury claim. After that, it will be in the insurance company’s hands. They can take the offer or negotiate, or we can take them to court. The decision about whether to settle is always in your hands. You get to decide whether or not to take the money and walk away.
In addition to helping you settle your pedestrian accident case for full value, our attorneys can also help you to negotiate your medical liens. In other words, we may be able to help you reduce the amount of money you have to pay for your medical bills. Regardless, it’s important that we talk with your medical providers so that we know how much money they want for your medical bills. That way, we don’t have any surprises after settling the case. This is one of the main reasons we need our clients to tell us about all the medical treatment they have received for their injuries after they were hit by a car.
Schedule Your FREE Consultation with an Orlando Pedestrian Accident Attorney Today
Pedestrian accidents can flip a person’s life upside down in an instant. One minute you’re walking, and the next minute a crazy driver hits you with a car. These pedestrian vs. car accidents almost always involve some type of injuries. Sometimes, the injuries are extremely severe and debilitating. Regardless, you and your family should not be saddled with all the medical bills and costs associated with your injuries when a careless person hits you with a car.
Accordingly, we ask that you at least consider calling us at (321) 352-7588 or contact us on our website. It’s free. There’s no risk to you. We offer free legal consultations with a real Orlando pedestrian accident attorney. We won’t stick you on the phone with an intake specialist or customer service representative for 30 minutes, just so you come away from the conversation more confused than when you started. We believe attorneys should hear the facts and determine liability. We’re here when you need us.