If you or a loved one have an injury from a Philadelphia pedestrian accident, medical care and expenses can
accumulate quickly. Injured pedestrians have no physical protection when struck by a moving vehicle, and severe injuries are usually the unfortunate outcome. In the most devastating scenarios, a wrongful death leaves families grappling with expenses while mourning their loss.
Insurance companies will offer minimal settlements early to motivate quick turnarounds and to avoid higher payouts. Do not agree to any settlement without consulting an accident attorney; any monies accepted make future negotiations off the table. Contact an experienced Philadelphia pedestrian accident lawyer at Munley Law for your free case evaluation to help assess the value of your claim.
Damages that May Be Recovered in a Pedestrian Accident
According to the National Institutes of Health (NIH), depending on the details and nature of your injuries, pedestrian settlements can range anywhere from approximately $2,400 to $4.5 million (ctd. in VisionZero, 2021). The settlement payout range is wide-ranging because of many factors:
Economic Damages
Economic damages are physical damages determinable by expenses, including:
- Medical bills
- Lost wages
- Property damages
- Assisted transitional or ongoing care
- Out-of-pocket costs related to your accident
- Home reconfigurations made due to accident
Non-economic Damages
Non-economic damages are more difficult to put a number, they include:
- Pain and suffering
- Loss of enjoyment in activities previously enjoyed
- Permanent disability or disfigurement
- Emotional distress
- Loss of opportunities due to injuries
How Is Pain And Suffering Calculated in a Pedestrian Accident?
Physical and emotional distress are estimated by using several different analytical methods:
- Multiplier Method: Sum up the cost of all of your accident’s expenses and losses. Pick 1 (the least) and 5 (the most) to represent your pain level. Multiply the final cost by the level of pain for a final value.
- Per Diem Method: Choose a daily dollar amount representing your pain and suffering; your established daily pay is often regarded for this. Multiply this value by the days of pain you have experienced for a final value.
- Previous Cases: Personal injury attorneys may look to other successful settlements that have similarities such as the type of injury, the magnitude of the injury, and the place where the injury occurred to calculate what your case.
- Expert Testimony: Doctors, therapists, economists, and lifetime care specialists offer expert calculations of care.
A skilled Philadelphia pedestrian accident attorney can secure a better settlement than you might on your own. They understand your case’s true value, know the legal system, and won’t hesitate to fight for your rights as a pedestrian. If settlement negotiations are unsuccessful, they will take your case to court to ensure you receive fair compensation.
What Factors Determine the Value of My Pedestrian Accident Claim?
The value of your pedestrian accident claim will be determined by:
- How badly you are injured and the cost for your care
- Who is at fault
- How your injury impacts your physical and emotional daily life
- How did you immediately handle your accident and your care
- The at-fault party’s insurance limits (should your settlement be of a more excellent value)
Insurance companies will offer early lowball settlements to motivate quick turnarounds and to avoid higher payouts. Do not agree to any settlement without consulting an experienced Philadelphia pedestrian accident attorney.
The Nature and Extent of Your Injuries
- If your injuries are minor, recovery will be quicker, and you will need minimal medical treatment; fewer injuries mean a smaller payout.
- If you are dealing with severe injuries like broken bones or head trauma, more medical attention is involved. Frequent doctor visits and care are typically needed, demanding a higher payout to account for these care costs.
- Long-term or even lifelong care may be needed for injuries that have completely changed your life. These typically are presented as traumatic brain injuries or spinal cord injuries and result in a significantly larger payout. Settlements are achieved to cover ongoing medical expenses, lost wages, assisted care, and any needed supportive aid.
The timeliness of your recovery is relative to the size of compensation: the quicker the recovery, the smaller the settlement, and vice versa.
Cost of Medical Treatment
Immediate, ongoing, and future expenses help to determine your settlement amount. Medical treatment expenses often make up a significant portion of your payout:
- Surgery
- Medical appointments
- Emergency room visits
- Physical therapy
- Personalized and assisted care
Lost Wages
When you are managing pain and suffering from your pedestrian accident case, there may be a significant lapse in time before you are fit to go back to work, provided that you can do so. A reputable personal injury attorney has the resources and experience to get expert testimony and build a strong case where all damages are accounted for. Their expertise can maximize the value of the outcome of your claim, ensuring you receive the financial support you need during your recovery.
Who Is at Fault
Pennsylvania applies a modified comparative negligence rule to injury claims. Section 7102 of Pennsylvania las explains the state’s modified comparative negligence rule. It means that if you’re partially responsible for an accident, you can still get compensation, as long as your share of the fault is 50% or less.
Additionally, if you’re partially at fault for your injury, your compensation might be reduced proportionally. So, if you’re found 30% at fault, your compensation will be reduced by 30%. The court will determine your level of fault based on the evidence.
What Insurance Coverage Is Available
Various types of insurance might help cover the costs of injured pedestrians in Pennsylvania:
- The driver’s auto liability insurance can pay for your injuries if the at-fault driver hits you.
- Your auto insurance may cover you (even if you weren’t using your car).
- Your health insurance can help pay medical bills from the pedestrian accident.
- Uninsured/underinsured motorist coverage kicks in if the driver doesn’t have enough insurance and acts as supplemental insurance.
- Personal Injury Protection (PIP) pays for injuries no matter who’s at fault. In PA, every vehicle owner must have insurance with medical benefits of at least $5000 (motorcyclists have an exception). As another option, homeowner’s or renter’s insurance may cover certain personal liability situations.
- Commercial liability insurance may be a source to draw upon if a business vehicle is involved.
- Government insurance may come into play if unsafe road conditions cause the accident.
An experienced attorney can help identify all possible insurance sources to ensure you get the maximum compensation.
Maximize Your Pedestrian Accident Compensation with Munley Law
An experienced pedestrian accident lawyer will investigate the accident, assess the total damages with professional experts, negotiate with the other party’s insurance company, and bring the case to court if you are unsatisfied with the insurance company’s offering. Contact our pedestrian accident lawyers near Philadelphia for your free consultation.
Walking through Philadelphia streets can be risky due to heavy traffic, aggressive drivers, and accidents caused by driver mistakes. With the city’s growing development and more traffic, the danger is always there. If you’re hit by a vehicle, the impact can be serious. That’s why you need an experienced pedestrian accident lawyer to help you get the most compensation for your injury.
For over 60 years, Munley Law Personal Injury Attorneys have represented pedestrian accident victims and their families across Pennsylvania, ensuring they receive fair compensation for their injuries or loss. We won’t collect a fee unless we win your case.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747
