What Kind of Settlement Can a Pedestrian Hit by a Car Get?

Posted on

The average injury-related hospital bill often exceeds $50,000. If you have been injured in an accident, you may be entitled to compensation to help cover your exorbitant medical costs. Crash victims can also be entitled to compensation for their emotional distress and other noneconomic losses. Before you accept any offer from an insurance company, there are some things you should know. Most personal injury claims settle out of court. Usually, these resolutions are best for everyone involved. 

However, a St. Louis pedestrian accident lawyer should never assume that a case will quickly settle on favorable terms. Instead, attorneys should prepare as if the case will go all the way. This is the best way to ensure maximum compensation for your serious injuries.

Crosswalk Accident Settlements

If the pedestrian victim was inside the crosswalk and had the green light all the way across, liability is usually clear. This is usually the case if the light changed before the victim fully crossed the street, although these claims are a bit more complex.

When liability is reasonably clear, most insurance companies have a duty to quickly and fairly settle the dispute. Frequently, the parties agree on an amount after just one or two negotiation sessions.

Future medical expenses could delay a crosswalk accident settlement. Until doctors see how the victim responds to surgery and physical therapy, it is almost impossible to determine what future medical care the victim might require. Unless the settlement amount fully accounts for these expenses, the victims might be financially responsible for them.

Non-Crosswalk Accident Settlements

Technically, the driver has the right-of-way in these cases. However, the duty of reasonable care requires the driver to avoid accident hazards, including jaywalking pedestrians, when possible. Since liability is less certain, these intricate issues usually delay settlement.

Attorneys must file legal paperwork and pressure the insurance company into settling. This move also preserves the victim’s legal right to compensation.

Many non-crosswalk accident claims settle during mediation. The judge appoints a third-party mediator who works with both sides and tries to facilitate a settlement. Assuming both sides negotiate in good faith, and they have a legal duty to do so, mediation is usually successful.

Pedestrian accidents often cause serious injuries. For a free consultation with an experienced personal injury lawyer in St. Louis, contact Schultz & Myers, Personal Injury Lawyers. Virtual, home, and hospital visits are available.

Pedestrian Accident Settlement FAQs

How does a lawyer prove negligence in a pedestrian claim?

Victim/plaintiffs must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

What are some common pedestrian injuries?

Head injuries, broken bones, and internal bleeding are the most common pedestrian injuries.

How can I take care of my huge doctor bill?

Attorneys negotiate with medical providers to defer billing and help reduce their fees.

Truck Accident Lawyers

Claim Your Free Books

Schultz & Myers have released three must-read books online for FREE.
Click below to download your copy today.
Legal Paper Icon

Risk Free
Fee Guarantee

We work on a contingency fee basis, so you pay only if we win your case.

No Win No Fee
Balance Icon

Missouri's
Winningest Law Firm

Named by Missouri Lawyer's Weekly based upon most reported trial wins. View our recent case results.

Results That Matter
Avatar Icon

The Schultz &
Myers Experience

We put our clients needs first. Learn more about the Schultz & Myers experience.

We Can Help
Schultz & Myers Logo

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.