How Much Is My Pedestrian Accident Case Worth?

On November 27, 2024 by No Comments

Under New York law, pedestrian accident victims are often entitled to compensation. That said, the amount of compensation you can receive can vary significantly.  That said, one thing remains constant: you shouldn’t be left to shoulder the financial and emotional burden caused by someone else’s carelessness.

Whether you’re facing mounting medical bills, lost wages, or the mental and physical toll of the accident, you deserve compensation for your injuries and other losses. Every detail matters when it comes to seeking a fair settlement or award. Understanding the factors that impact the value of your case is the first step toward holding the responsible party accountable and securing the recovery you need to move forward with confidence.

Factors Influencing the Value of a Pedestrian Accident Case

Severity of Injuries

One of the most significant factors influencing the value of your case is the severity of your injuries. The greater the injury, the higher the compensation is likely to be. Severe injuries such as broken bones, spinal cord damage, or traumatic brain injuries often result in higher settlements because of the long-term medical care and impact on your quality of life.

For instance, if you’ve suffered permanent disability or disfigurement, this affects not only your physical well-being but also your ability to work and enjoy life the way you did before your accident. An experienced lawyer can make sure the insurance company treats you fairly and compensates you for these losses.

Medical Expenses

Every dollar spent on your recovery adds to the value of your claim. This includes current medical bills for emergency care, hospital stays, and surgeries, as well as future costs for rehabilitation, physical therapy, and medications.

Thoroughly documenting these expenses is vital to ensuring fair compensation. We encourage our clients to keep records of every medical appointment and treatment, as this evidence plays a significant role in settlement negotiations.

Lost Wages and Reduced Earning Capacity

Being hit by a car can disrupt your ability to earn a living. Compensation for lost wages includes the time you’ve already missed at work due to recovery. In cases where injuries prevent you from returning to your job or require you to take a lower-paying role, you may also be entitled to damages for reduced earning capacity.

For example, if you are a construction worker and suffer a leg injury that prevents you from performing your duties, the financial fallout can be significant. These damages are calculated based on your earning history, future employment prospects, and the severity of your injuries.

Pain and Suffering

Beyond tangible losses like medical bills and lost income, there’s the emotional and physical toll of the accident. Pain and suffering damages compensate you for the mental anguish, anxiety, and loss of enjoyment of life caused by the accident.

Although this category of damages is harder to quantify, it’s an essential part of many pedestrian accident cases. Courts often use a multiplier method or a per diem approach to assign a value to your pain and suffering, depending on the circumstances of your case.

Liability and Fault

The issue of fault can directly impact the value of your case. If the driver is found to be entirely at fault, you’re more likely to receive full compensation for your damages. However, if there’s any argument that you were partially responsible—for example, by crossing the street outside of a designated crosswalk—it could reduce your settlement.

Our firm thoroughly investigates your accident to ensure fault is properly assigned. This includes reviewing police reports, analyzing surveillance footage, and interviewing witnesses. Holding the at-fault party accountable is our priority.

Evidence and Documentation

Strong evidence is the foundation of a successful pedestrian accident case. Photos of the accident scene, medical records, police reports, and witness statements all contribute to building a compelling case. The more comprehensive your evidence, the stronger your claim becomes.

We work with investigators to gather and preserve critical evidence. This attention to detail ensures that no important piece of information is overlooked, giving you the best chance of securing the compensation you deserve.

Insurance Policy Limits

In many cases, the at-fault driver’s insurance policy will determine the maximum amount you can recover. If their policy limits don’t cover the full extent of your damages, we’ll explore other avenues, such as under insured motorist coverage or pursuing a personal injury lawsuit.

Seek Legal Help from a Bronx Pedestrian Accident Attorney

Pedestrian accidents often lead to life-changing injuries, leaving you with mounting medical bills, lost income, and emotional struggles. These burdens shouldn’t rest on your shoulders alone, especially when someone else’s negligence caused the accident. At Macaluso & Fafinski, P.C., we’re here to help you hold the responsible party accountable and fight for the compensation you deserve.

We’ll evaluate every detail of your case and ensure no aspect of your suffering is overlooked. With our team handling the negotiations or litigation, you can focus on your recovery. Reach out to us at 800.762.9300 or contact us online, and let us help you seek the justice you deserve.