There is no exact formula to determine a pedestrian accident case’s worth since the circumstances vary case by case. However, a skilled personal injury attorney in San Diego can give you an accurate estimate after considering the following.
There are many factors that determine how much a case is worth. It is important to understand that each pedestrian accident case is unique, and there is no universal answer. Below are several factors that determine the value of a pedestrian accident.
A successful pedestrian accident claim requires careful documentation to prove the amount of compensation you are entitled to. It is a good idea to also keep a diary or notes about your daily pain, symptoms, and limitations.
Under California’s pure comparative negligence rule, each party’s contribution to the accident will be assessed and assigned a percentage. This law holds each party accountable for their share of the blame by reducing their compensation according to their degree of fault in causing the accident.
For example, if you are awarded $100,000 after being hit by a vehicle as a pedestrian, but you are found 60% at fault for crossing when the crosswalk signal was red, you will only recover 40% of your award or $40,000. The more substantial the evidence against the driver, the increased chance of a higher award.
Another way your compensation can potentially be reduced is if the at-fault party’s insurance company can increase your percentage of fault by tricking you into giving a recorded statement that hurts your claim. Insurance adjusters are notorious for asking questions worded in a way to trip up claimants. The insurer may then use the “inconsistencies” in your statements to deny your claim or limit your compensation.
Finally, the at-fault driver’s insurance policy limits can play a significant role in your case’s worth. Insurance policies have maximum amounts that the insurance company is required to pay out per person injured and per accident. If your damages exceed the driver’s policy limits, their insurer does not have to pay the difference.
Any amount over policy limits will be lost, or you must pursue a personal injury lawsuit against the at-fault driver personally. The issue with that is many drivers typically do not have the funds to cover your damages. Even if you win the case, you may not be able to collect the total amount awarded.
Your lawyer can help determine if any umbrella policies apply to your situation to help you recover full damages, or if multiple liable parties are involved, you may be able to sue each party.