Accidents on the road involving pedestrians are on the rise. An estimated 7,485 individuals died in pedestrian accidents in 2021. The deaths account for the most pedestrian deaths in a year over the last 40 years.
If you are walking on the road and are hit by a motor vehicle, your potential injuries can range from minor to severe and even life-threatening. Fortunately, the legal system in the United States protects pedestrians by providing them the right to claim compensation in case of an accident.
While the seriousness of your injuries and the length of your treatment are the key determinants of the compensation you are entitled to, multiple other factors can impact the outcome of your case. Only an experienced pedestrian accident attorney understands all the possible influences that can impact the amount you qualify for. Hence, it is best to seek legal assistance in case of an accident.
In what follows, we look at six key factors that may affect the result of your case and the amount of compensation you receive for your damages.
Following Are The Six Factors:
- The Severity of Your Injuries
The kind of injuries you sustain on the road may vary significantly. A victim may suffer from minor bruises to major trauma such as falls, associated fractures, and spinal cord and brain injuries.
The compensation you can claim for your damages will significantly depend on your injuries.
Typically, the damage claim for minor injuries is much lower than for more severe trauma requiring extensive and prolonged medical treatment.
- The Cost of Medical Expenses
One of the other key determinants that can influence your damage claim is the cost of your medical expenses. How much you have already spent on your treatment affects your claim’s value. However, it is possible to sustain a seemingly minor injury that can involve a high cost of treatment. An example could be scarring, which may seem like a minor injury; still, if it is affecting a person’s appearance permanently, it is a major trauma that may involve reconstructive surgery, which is a costly treatment.
How much you have incurred in medical expenses affects the compensation you may be entitled to.
One of the other critical aspects related to the cost of medical treatment is the long-term expense you may incur due to the type of injuries you survived. An example could be musculoskeletal injuries, which may require you to incur rehabilitation costs over a few months following the accident.
In all, both current and future medical expenses (that you will likely have to incur for your treatment) affect the outcome of your case.
- Missed Days from Work
The amount of time you have spent away from work due to the accident and resulting injury is also one of the likely factors that can influence your claim’s result. Typically, the more time you spend away from work during the recovery phase, the higher compensation you may be entitled to for your lost income.
- Future Earning Potential
Unavoidable pedestrian accidents tend to have devastating implications for the victim, leaving them unable to work for the rest of their lives. Suppose you have been involved in an accident that has led to permanent disability or loss of mobility. In that case, the court will ensure you get coverage for your lost future earning potential.
However, the amount of compensation will be much lower if the accident does not affect your ability to work in the near future.
- Injury’s Impact on Your Quality of Life
A pedestrian injury can result in permanent mobility loss that can seriously affect your quality of life. However, even the injuries that do not leave you in a vegetative state can negatively influence the comfort and wellness of the survivors.
How an injury affects your living standard and overall happiness and satisfaction is also one of the key determinants of your accident case result.
- Your Ability to Prove Negligence
It may be last on the list, but it is one of the critical influences that can impact the outcome of your case. If the fault of the other party is clear and you can prove it to the court, you will be entitled to a claim for your damages. However, if you cannot be able to prove the negligence of the other party, it can negatively affect the results of your case.
Since many accident survivors struggle with physical and emotional recovery, it can affect their ability to rationalize the fault of other parties. Therefore, it is better to seek legal assistance so you can focus on your recovery while your legal expert can streamline all the essential evidence to prove the other party guilty and seek favorable case outcomes.
Knowing the determinants that can affect the outcome of your case can help you estimate the value of your rightful compensation. Speak with a lawyer to learn more about the critical aspects of a pedestrian accident case.