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If you’ve been hit by a car, you might wonder what compensation you’re entitled to and how to get it. This article covers the types of compensation for being hit by a car, what steps to take right after the accident, and how to deal with insurance companies and lawyers to ensure you receive fair compensation.
Key Takeaways
- Pedestrian accident victims are entitled to seek compensation for both economic and non-economic damages, including medical expenses, lost wages, pain, and emotional distress.
- Immediate actions after an accident, such as obtaining medical care and documenting the scene, are crucial for securing a successful personal injury claim.
- Hiring a personal injury attorney enhances the likelihood of receiving fair compensation, especially in navigating complex legal processes and dealing with insurance companies.
Understanding Compensation for Pedestrian Accidents
A driver who hits a pedestrian is responsible for civil liability. This means they must provide compensation to the injured pedestrian. Compensation can be sought through various avenues, including uninsured motorist coverage or a driver’s insurance company, as well as personal injury lawsuits. Pedestrians can seek compensation for both economic damages, like medical bills, and non-economic damages, such as pain and suffering. Understanding these options helps ensure you receive the maximum compensation possible.
Legal advice after being hit by a car protects your rights and helps secure fair compensation. An experienced personal injury lawyer can guide you through the complexities of your case, helping you navigate insurance claims and legal proceedings. The personal assets of an at-fault driver and their insurance coverage significantly impact the compensation amount you may receive after an auto accident. Understanding these factors can help you make informed decisions about your case. If you need assistance, consider consulting a car accident attorney.
Personal injury protection (PIP) insurance covers medical costs and compensates for lost income in pedestrian accident claims. This car insurance is crucial, especially if the at-fault driver is uninsured. Health insurance may also cover immediate medical expenses if you are hit by an uninsured driver.
Types of Damages You Can Recover
Knowing the types of damages you can recover is vital for assessing your claim’s value. Victims of car accidents may be eligible for both economic and non-economic damages, which cover financial losses and emotional impacts.
Evaluating both types allows for a fair assessment, considering immediate and long-term impacts.
Economic Damages
Economic damages encompass costs directly related to the accident, such as past and future medical bills, lost wages, and property damage.
Recoverable medical expenses can include hospital stays, surgeries, prescription medications, and rehabilitation. Ongoing care costs are considered in compensation calculations.
This includes long-term treatments such as physical therapy and specialized medical care.
Lost wages refer to wages lost during recovery and can also encompass future earning capacity if one is unable to work. Anticipated doctor visits and rehabilitation costs are included in the future medical needs for compensation.
Visible physical injuries like scars or disfigurements can warrant additional financial compensation for injured victims who have suffered injuries in settlements.
Non-Economic Damages
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish, potentially increasing a pedestrian’s compensation claim. Types of emotional distress that can lead to compensation include anxiety, depression, and PTSD. Injuries may prevent you from enjoying your usual activities, impacting your quality of life.
Loss of consortium, the deprivation of benefits of a family relationship due to injuries, is also considered a non-economic damage. Emotional distress and physical pain, as non-economic damages, can significantly impact your personal injury claim. Mental anguish may result in long-term struggles requiring therapy or counseling after an accident.
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Steps to Take Immediately After Being Hit by a Car
The moments following a pedestrian accident are critical. Assess injuries, call for help, and do not leave the scene until the police arrive unless medical assistance is needed. Staying at the scene ensures that you can document the incident properly and provide necessary information for the police report.
Following these steps is crucial for both your recovery and protecting your right to seek compensation. Acting promptly and correctly helps gather vital evidence to support your claim and ensure fair compensation.
Seek Immediate Medical Care
Seek medical attention immediately after being hit by a car to evaluate any potentially serious injuries, including internal injuries and traumatic brain injuries. Pedestrians face a higher risk of injuries compared to individuals in vehicles, making prompt medical assessment crucial. Following medical advice, including attending therapy sessions, aids in physical and mental recovery after an accident.
Economic damages may include rehabilitation costs associated with recovering from accident-related injuries. Immediate medical care aids in recovery and helps document injuries for the personal injury claim.
Document the Accident Scene
Gathering evidence strengthens your pedestrian accident case. Photos of the accident scene provide vital evidence supporting your personal injury claim. Request the witnesses’ contact information for follow-up statements about the accident. Witness statements bolster your case by highlighting details not evident from physical evidence alone.
Document the accident scene quickly, as conditions change and evidence can be lost. Take photos and document details immediately after the accident to preserve evidence.
Filing an Insurance Claim
File an insurance claim with the other driver’s insurance company to pursue compensation for pedestrian accidents. Include supporting evidence when filing a claim. This can consist of police reports, photos, witness statements, medical bills, and a pedestrian accident lawyer. This evidence is crucial for establishing the extent of your damages and proving liability.
If the settlement offer falls short, take action. Negotiate with the insurer for a better resolution. The timeframe to resolve a car accident case typically ranges from 6 to 9 months for clear liability and moderate injuries. If the insurer does not negotiate, suing the at-fault party may be necessary.
Gathering Necessary Documentation
Seek immediate medical attention to identify serious injuries and document them for claims. Immediate medical evaluation is essential, as minor injuries can have serious underlying issues needing documentation for claims.
Collecting evidence at the accident scene proves fault and illustrates the impact of injuries. To submit an insurance claim, gather evidence of damages like medical records and accident documentation.
Working with the Insurance Company
Provide only basic facts when contacted by the responsible driver’s insurance information adjuster and avoid recorded statements. Document everything meticulously when interacting with insurance adjusters to support your claim. If the initial settlement offer doesn’t cover your losses, provide more evidence and push for a better offer.
Insurance companies determine settlement offers based on evidence, determine liability, and calculate both economic and non-economic damages. In fault-based insurance states, the responsible party’s insurance pays if liability is established.
Hire legal representation before dealing with insurance companies to protect your rights. A personal injury attorney can significantly reduce the time and increase the likelihood of receiving compensation after an accident.
Benefits of a Dedicated Personal Injury Attorney
A personal injury lawyer ensures a just settlement by considering long-term costs in a personal injury case. Hiring a law firm for a personal injury lawyer can result in increased settlement amounts.
If a fair settlement cannot be achieved, a legal claim may be initiated on your behalf.
Contingency Fee Basis
ELG Injury Lawyers operate on a ‘no win, no fee’ basis, alleviating financial pressure on clients. Clients incur no legal fees unless their case results in a successful settlement or verdict.
Factors Influencing Settlement Amounts
Settlements for pedestrians hit by cars vary significantly, typically ranging from $10,000 to over $500,000, influenced by injury severity and other factors. The average settlement can be influenced by demonstrating the driver’s negligence, which is crucial to pursue claims, as it directly affects how much compensation you can receive.
Future medical expenses can also be included in compensation calculations, making thorough documentation crucial.
Severity of Injuries
Severe injuries typically lead to higher settlements due to the long-term impact on the victim’s life. Several factors influence settlement amounts in pedestrian accident claims, including injury severity. Devastating and catastrophic injuries might lead to long-term medical bills, affecting settlement amounts.
Injuries are categorized as minor, moderate, and severe. Moderate injuries like fractures or concussions can significantly impact compensation. Permanent disability from injuries can significantly increase compensation for the victim.
Visible scars or disfigurement from injuries may lead to additional compensation in settlements.
Liability Determination
Motorists are often held primarily responsible for pedestrian accidents due to their heightened duty to protect pedestrians. In comparative negligence states, a pedestrian’s compensation can be reduced based on their percentage of fault. Evidence to determine fault includes information about the crash’s cause and each party’s level of responsibility.
Common difficulties in seeking compensation include proving liability and insurers’ tactics to minimize payouts, making it challenging to recover compensation.
Common Challenges in Pursuing Compensation
Pursuing compensation for being hit by a car can be fraught with challenges that may impede receiving fair compensation. Strategies for dealing with insurance adjusters include cautious statements, understanding your rights, and not accepting the first offer without evaluation. Additionally, the emotional toll of a car accident can complicate the process.
Effectively managing interactions with insurance adjusters and documenting long-term medical needs helps navigate challenges and improve chances of fair compensation.
Dealing with Insurance Adjusters
Adjusters may use friendly conversations to extract information that could undermine your claim. Avoid agreeing to a recorded statement, as adjusters may manipulate your words to challenge your claim.
Accident victims should avoid admitting any fault during discussions with an insurance adjuster.
Proving Long-Term Medical Needs
Documenting ongoing medical needs substantiates future financial claims. Future medical expenses may include therapy, medications, and in-home care following an accident. Demonstrating the likelihood of long-term injuries maximizes compensation.
Expert medical testimony strengthens claims for anticipated ongoing medical treatment. Estimates for future medical expenses should include potential rehabilitation and recurring treatment costs. Demonstrating ongoing medical needs secures maximum compensation for accident-related injuries.
Frequently Asked Questions
What should I do immediately after being hit by a car?
Immediately assess your injuries, call for help, and remain at the scene until the police arrive, unless you require urgent medical assistance. Your safety and proper documentation of the incident are crucial.
What types of damages can I recover after a pedestrian accident?
You can recover economic damages, such as medical expenses and lost wages, as well as non-economic damages, including pain and suffering and emotional distress, after a pedestrian accident. Understanding these categories can help you better assess the potential compensation you may be entitled to.
How do I file an insurance claim after being hit by a car?
To file an insurance claim after being hit by a car, submit a claim to the at-fault driver’s insurance company along with supporting evidence such as police reports, photographs, witness statements, and medical bills. Ensure that all documentation is complete to facilitate a smoother claims process.
Why should I hire a personal injury attorney?
Hiring a personal injury attorney is essential as they possess the expertise to navigate legal complexities, negotiate effectively with insurance companies, and enhance your chances of obtaining maximum compensation. Additionally, many operate on a contingency fee basis, ensuring you only pay if you achieve a favorable outcome.
What factors influence the settlement amount in a pedestrian accident case?
The settlement amount in a pedestrian accident case is influenced by the severity of injuries, evidence of the driver’s negligence, future medical expenses, and liability determination. These factors collectively shape the financial compensation offered.
Last updated Monday, June 2nd, 2025
