What is the average settlement for a pedestrian accident? The average value of a pedestrian accident settlement can vary depending on the extent and severity of your injuries, the limits on insurance policies, tactics used by insurance companies, and shared fault.
To navigate these factors and recover the maximum amount you’re allowed, contact a Salt Lake City pedestrian accident lawyer today.
The Extent and Severity Of Your Injuries and Other Losses Have a Considerable Impact on the Value of Your Pedestrian Accident Settlement
Pedestrian accidents result in severe injuries more often than not, which means that medical care can be costly. These expenses make up a significant portion of a settlement, so the extent and severity of your injuries influence the value of your claim.
Settlements are higher for cases involving more injuries and more involved medical care. Some injuries may also require long-term care, which can get expensive.
Because the extent and severity of pedestrian accidents can vary, there is no average settlement for a pedestrian accident. Instead, the specific costs associated with your care, treatment, surgeries, medications, and medical accommodations and equipment are added together to determine how much they are worth. Future care costs may also be factored in, depending on your situation.
Lawyers work with you to identify all of your medical expenses and other losses, both big and small, to ensure a complete and comprehensive assessment exists to ensure all losses are included and calculated accurately. Insight and testimonies from medical experts and other professionals can be valuable for ensuring that the settlement you recover is fair and covers as many of your losses as possible.
For a free legal consultation, call (801) 266-0999
How Insurance Policy Limits and Utah’s No-Fault Laws Can Affect Your Pedestrian Accident Settlement
The amount you can recover after a pedestrian accident also depends on the insurance limits of the policy you’re filing a claim against. An insurance settlement cannot exceed the limits on a policy, and if your losses exceed its value, you must pursue additional options or cover losses yourself. This is another example of factors that can affect the value of the average pedestrian accident settlement.
Since Utah is a no-fault state, your initial claim must be filed with your insurance company through your personal injury protection (PIP) policy. At a minimum, you must carry $3,000 worth of coverage, and it generally covers your medical expenses and a portion of your lost wages. However, since pedestrian accidents often result in severe injuries, PIP coverage can run out quickly and leave uncovered losses.
When the value of your losses exceeds $3,000, or you have suffered dismemberment, broken bones, or permanent disability, disfigurement, or impairment, you may be able to pursue an at-fault accident claim, per Utah Code § 31A-22-309.
While you must demonstrate fault in these cases, you may be able to recover additional compensation to offset financial losses, pain and suffering, and future care costs.
Lawyers Help You Fight Insurance Company Tactics to Help Protect the Value of Your Pedestrian Accident Settlement
Recovering a fair settlement from the insurance company for pedestrian accident losses can be difficult and stressful. Insurance companies often avoid paying out any more than they have to in a claim, and pedestrian accidents often come with more expensive losses, which is in direct opposition to their goals. This combination means that insurance companies may use tactics to alter the value of your settlement.
Some common strategies used by the insurance company may involve blaming you for causing or contributing to the accident, causing delays to wear you down, citing technicalities or pre-existing conditions as a reason not to cover your losses, lowball offers, and more. Without the help of a lawyer, you could end up losing a large portion of compensation that you may be entitled to recover.
Lawyers are prepared for these and other tactics by insurance companies, and are proactive about building a case that helps you avoid such tactics.
When insurance adjusters do try to lower or deny your claim, your lawyer takes swift action to rebut their tactics, demand fair treatment, and aggressively negotiate for you. These are just a few of the benefits of hiring a skilled legal team after an accident.
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Cases Involving Shared Fault Can Decrease the Value of a Pedestrian Accident Settlement
Pedestrians can contribute to accidents if they fail to cross the street at crosswalks, fail to follow pedestrian traffic safety rules, are not alert to their surroundings, or are otherwise careless or reckless. In situations where fault is shared between driver and pedestrian, the value of a pedestrian accident settlement could be reduced. Even in a no-fault claim, each party’s contribution must be determined.
A driver or pedestrian’s rights to compensation can be affected by how much they contributed to the accident. Under Utah Code § 78B-5-818, parties who are 49% or less at fault receive limited compensation to offset their losses.
Reductions are proportional to a party’s percentage of fault. For example, if a fault percentage was 15%, then only 85% of the maximum settlement value may be recovered in a case.
When parties are 50% or more at fault, they cannot recover compensation. Deductions in compensation can significantly affect your ability to cover your losses.
Between this and the insurance company’s tendency to lay blame to avoid paying out a fair settlement, it’s essential to hire an experienced lawyer who can fight to ensure you aren’t unnecessarily blamed and receive as much as possible under the law.
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Contact Siegfried & Jensen Today to Pursue a Pedestrian Accident Settlement
Siegfried & Jensen can help you optimize your case to help you recover as much as possible after your accident. The pedestrian accident settlement you receive in your case can have a big impact on your future and ability to get the care you need and offset your losses after an accident.
Contact our skilled attorneys to discuss your options and how much you may be able to receive as part of your settlement.
Call or text (801) 266-0999 or complete a Free Case Evaluation form