The unfortunate event of a pedestrian being struck by a car can lead to a tumultuous period filled with physical pain, emotional trauma, and financial uncertainty. For victims and their families, understanding the potential financial compensation through a settlement is crucial. The average settlement for pedestrians hit by a car is a complex and varied figure, heavily influenced by the specifics of each case.

The Complexity of Determining Settlement for a Pedestrian Hit by a Car

Settlements in pedestrian-car accident cases are far from a one-size-fits-all figure. They depend on a multitude of factors, each adding layers of complexity to the final amount. These factors include the severity of injuries, lost wages, insurance limits, and the comparative fault of involved parties. It's important to note that the average settlement for a pedestrian hit by a car is difficult to predict without a thorough review of all case details.

Factors Influencing Settlement Amounts

Severity of Injuries

The nature and extent of injuries sustained in a pedestrian-car accident are pivotal in determining the settlement amount. Severe injuries, such as spinal cord damage or traumatic brain injuries, often lead to higher settlements. This increase is due to several factors such as the immediate and long-term medical costs associated with such injuries, the need for ongoing care, and the significant impact these injuries have on the victim's quality of life. In cases where injuries lead to permanent disability or require long-term rehabilitation, the settlement reflects the gravity of the victim's suffering and the profound changes to their daily life.

Lost Wages and Earning Capacity

The impact of the injury on the victim's ability to work is a critical factor in calculating the settlement amount. This consideration includes not only current lost wages due to time away from work but also the diminished earning capacity in the future. For many victims, the injuries sustained may prevent them from returning to their previous employment or pursuing their chosen career path. The settlement aims to compensate for this financial loss, ensuring that the victim's economic stability is preserved despite the accident's repercussions.

Insurance Coverage

The settlement amount is significantly influenced by the insurance policies involved in the claim. This includes the liability coverage of the at-fault party and the victim's underinsured motorist coverage. The limits of these policies often set the upper bounds of the settlement amount. In cases where the at-fault party's insurance coverage is insufficient to cover the damages, the victim's underinsured motorist policy can provide additional compensation. However, the intricacies of dealing with insurance companies can be complex, necessitating skilled negotiation to ensure fair compensation.

Comparative Fault

In instances where the pedestrian may have contributed to the accident, this shared fault can impact the settlement amount. Comparative fault, or contributory negligence, refers to the situation where the victim holds a portion of the blame for the accident. This could be due to jaywalking, distraction, or other factors. The degree of fault attributed to the pedestrian can proportionally reduce the settlement they receive. Understanding and navigating these nuances is crucial in ensuring a fair settlement.

Jury Considerations

When negotiating settlements, insurers often consider what a potential jury verdict might be if the case goes to trial. This consideration is based on the perception of how a jury might view the specifics of the case, including the severity of injuries, the circumstances of the accident, and the parties involved. Insurers may offer settlements that they believe align with potential jury verdicts to avoid the unpredictability and expenses of a trial. The skill of legal representation can significantly influence these negotiations, as experienced attorneys can effectively argue for a settlement that accurately reflects the potential jury verdict.

Legal Representation: Harper, Evans, Hilbrenner & Netemeyer

For victims of pedestrian accidents, securing fair compensation is a critical step in the journey towards recovery. Harper, Evans, Hilbrenner & Netemeyer offers experienced legal representation to those who have sustained serious injuries in such accidents. Personal injury attorneys, Ron Netemeyer and Jill Harper have won millions for their Missouri clients by focusing on the details and developing a winning process. Their expertise in handling these sensitive cases can be instrumental in ensuring that victims receive the compensation they rightfully deserve. If you have been injured in a pedestrian accident, their team can provide the guidance and support needed to navigate the legal process effectively, helping you focus on your recovery while they handle the complexities of your claim.