After any type of auto accident or injuries where a lawsuit or insurance claim is filed, one among the very first questions on maximum people’s minds is “What amount may I expect to get in a settlement for an auto accident?” It is no different for the pedestrians who have got injured after being hit by any vehicle. If anything, this question may have some added indignation and urgency behind it in such cases, due to the disparity of parties involved in this accident — the individual driving the large bad car, and defenseless pedestrian. The pedestrians walk away rarely without injuries.
However, there are two main things to remember when settlements in auto-pedestrian accident cases are considered. First, it’s almost impossible – and not useful to turn up with any “average” settlement amount. Each case is different in nature, and there are too many variables involved. Second, liability might not be as straightforward as you may assume always. In a few cases, the pedestrian may have some or even all, the fault for the accident.
Key Factors To Consider
Having said all, here are a few key factors which will influence the total amount that you can anticipate to get in settlement of your auto-pedestrian accident claim or lawsuit:
- The severity of injuries – major injuries generally fetch large settlement.
- The total amount of time that you’ve missed at work – the lost income will be reimbursed.
- The extent and nature of your whole medical treatment – medical treatment by the non-physicians such as acupuncturists and chiropractors carry lesser weight.
- The impacts of your injury on your routine and daily life– compensation for pains and sufferings is the harder part to negotiate.
- The prospects for complete recovery – if you have permanent serious or long term injuries, settlement value increases very fast.
- The absence or presence of clear liability for the auto accident – more often, the driver is liable clearly.
- Any lost opportunities due to your injuries
- Any impact your injury will have on all your abilities to earn a great living in future – when any injuries prevent you from working out at profession, same level, or at all, so the law asks that you get compensated for all the lost future incomes.
How Any Insurance Adjuster May Approach Settlement
The pedestrians injured by any automobile will almost likely need to claim with the insurance company to obtain compensation for all the losses; therefore it’s useful to understand and know how the insurance adjuster can approach a settlement in the accident case.
Some of the insurance adjusters can take all your quantifiable losses (lost income, medical bills, and other definitive amounts that together are known as “special damages”) and increase that total amount by any number between two and four (or even five) to reach at your “general damage,” which include pains and sufferings and emotional impact of all your injuries The second number (multiplier) will be based on severity of your injury, the nature of all your medical treatments, and length of your revival. So, for the severe injuries with general medical treatment and prolonged periods of recovery, adjuster may use any multiplier closer to 4 or 5.
On the other hand, a daily rate might be used to decide the settlement for pains. In either case, general damages and special damages then are added to reach at a fair settlement figure. This generally opens up the door for backward and forward negotiation where both the sides of case — the pedestrian and the driver, generally through their insurer or auto accident attorney — present evidences and arguments for bringing the number up or even down.
