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8 Factors That Determine Recovery in a Pedestrian Accident Claim

Posted on August 17th, 2019 by Oddo & Babat, P.C.

Pedestrian Accident Lawyer

After being injured in an accident and deciding to sue, the next question often asked is about the value of your claim. While you may want that six-figure or more settlement, there is a lot that goes into determining the recovery amount. Therefore, to understand how much you can expect from your recovery, you need to understand the eight factors that go into determining value.

  1. Severity of Injuries

The first thing an insurer or court is going to consider is the severity of your injuries. Are you permanently disfigured? Have you undergone multiple surgeries? Likely, the more severe the damage, the higher the recovery.

  1. Recovery Time

Recovery time also plays a vital role in determining value. Similar to injuries, the worse the prognosis is, the higher your settlement or judgment will probably be.

  1. Medical Treatment

When determining compensatory damages, medical treatments are likely the first item on the list because they are the easiest to prove and put a value to. Therefore, the higher your medical expenses, and the risk of prolonged treatments, the more likely you will receive a more substantial judgment.

  1. Pain and Suffering

Another contributor to a higher settlement or recovery is the amount of pain and suffering you experienced. While it is hard to put a value on this abstract concept, your attorney will gather experts to describe how your injuries interfere with your daily life, including your relationships and self-esteem.

  1. Lost Opportunities

In addition to pain and suffering, if your injuries ruined any opportunities you had professionally or personally, then you may expect a higher recovery. For example, if you had a pre-paid vacation planned and you had to miss it, you might be able to recover your losses.

  1. Loss of Future Income

Career adjustments might also create an opportunity for higher settlement offers or judgments. For example, if you work a hard, skilled labor job that pays a substantial income, but your injuries make it impossible to perform your work, you might be able to recover lost future income or earnings.

  1. Current Lost Income

Also, after an accident, you will probably miss work to recover. If you are not already protected against lost wages, then you can likely recover those lost earnings.

  1. Fault

Last and likely the most important contributor to recovery value, fault. Depending on the state you live in, fault can be pure, contributory or comparative. In a contributory system, if you are found to be partially responsible for the accident, then you cannot recover any damages. In a comparative system, which exists in most states, you can only recover a percentage of the losses.

At least these eight factors contribute to claim value. However, for more specific information, contact a Canoga Park auto accident lawyer.



Thanks to Barry P. Goldberg for their insight into personal injury cases and recovering after a pedestrian accident.

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