Getting hit by a car can cause devastating injuries, such as a major concussion or permanent paralysis. In Texas, pedestrians usually have the right-of-way. This makes it the responsibility of a driver to watch for pedestrians and prevent accidents. After this type of crash, you may have the right to seek financial compensation from the driver. Determining how much your claim is worth can help you negotiate for a fair amount from a car insurance company.
What Is the Typical Settlement Amount for a Pedestrian Accident?
While it is normal to want to know the average settlement amount for a pedestrian accident in Texas, it is not possible to find an accurate answer online. This is information that you can only get from a
pedestrian accident lawyer in Dallas, and only after an in-depth case evaluation. This is because each case and client is unique. Even if there are similarities between two cases, the financial awards can vary drastically. This means that averages and settlement calculators found online will give you inaccurate results.
In general,
personal injury case values are dependent on the severity of the injuries suffered by the accident victim. Since many pedestrian accidents are catastrophic – with common injuries such as broken bones, brain trauma, spinal cord injuries and wrongful death – this means they often come with high case values. This could mean a six-figure or seven-figure settlement for a severe or permanent injury.
What Damages Are Recoverable?
When seeking financial compensation for a pedestrian accident in Texas, one of the first steps is to create a list of your losses to include in a demand letter to an insurance company. It is critical to list all of your compensable damages, as missing any can reduce your settlement value. A lawyer can help you create your demand letter and come up with an accurate amount to pursue from a car insurance company. Recoverable damages may include:
- Medical expenses. The past and future medical costs connected to your pedestrian accident, including necessary surgeries, therapies and medications.
- Disability or disfigurement. Any ongoing medical care or expenses to accommodate a permanent disability, or the effects of significant scarring and disfigurement.
- Lost wages. The amount of money that you lost from being unable to return to work after your pedestrian accident, as well as future lost capacity to earn due to a disability, if applicable.
- Pain and suffering. The noneconomic damages caused by the accident, such as your personal stress, emotional suffering, physical pain, mental anguish and psychological trauma.
- Death benefits. If a loved one passed away in a pedestrian accident in Texas, your family could be eligible for compensation for funeral and burial costs, loss of consortium, and grief.
You could receive compensation for all of these losses and more after getting hit by a car as a pedestrian. Discuss your case with an attorney to come up with a comprehensive list of your damages. A lawyer can help you prove your losses, provide evidence that the driver was at fault for your crash and demand maximum financial compensation.
How Are Settlements Calculated in Texas?
Many different factors can determine how much money a pedestrian gets after being hit by a car in Texas. Some elements used to calculate settlements and jury verdicts are injury severity, recovery prognosis, the age and health of the victim, the number of insurance policies available, and the defendant’s actions. While economic damages are calculated based on the amount of money the victim lost because of the accident, noneconomic damages are more difficult to estimate. A jury can use multiple equations or no method at all for calculating pain and suffering. Best way to find out how much your case may be worth is by
consulting with an attorney.
