Introduction
Alongside the physical injury, pedestrian accidents also come with significant legal implications. For lawyers handling such cases, estimating the likely average settlement amount for such cases is key. This article serves as a comprehensive guide associated with pedestrian accidents and settlements, the salient features that affect these amounts and the role of medical record auditing services in assisting lawyers build solid cases.
Factors Affecting Settlement Amounts
Severity of Injuries
• Types of Injuries: The most common injuries associated with pedestrian accidents are fractures, TBIs, and SCI. Settlements tend to be higher with the mentioned injuries.
• Partial Disability: Injuries with long-term treatment or complete disability will further improve a settlement.
Medical Expenses
• Treatment Costs: Settlements will be greatly affected by medical billing received from hospitals, surgeries, and rehabilitation.
• Possible Medical Treatment: Even the possible medical expenses need to be factored in during these negotiations.
Lost Income and Earning Potential
• Income Faced: Because of the injuries, victims will no longer be able to attend work and this translates to earning losses.
• Impacts on Economic Activity: The possibility of the injury impacting the victim’s ability to economically participate in the future will drive the settlement figure further.
Legal Matters In Relation To a Pedestrian Accident
Apportioning Blame
• Negligence: It is always easier to prove a case when the plaintiff’s side alleges that the driver was negligent in some way; distracted driving, speeding, and failure to yield to a pedestrian are some of the instances that usually qualify as negligence.
• Comparative Negligence: In rare scenarios, the pedestrian (injured party) can also be held liable for some portion of the accident which tends to reduce the settlement they receive.
Insurance Policies
• Insurance Policies of The Driver: To outline a concrete strategy, it is important to study the defendant’s policies as he normally has some insurance that can be sued.
• Uninsured/Underinsured Motorist: Insurance in dispute is important if the defendant is inadequately insured.
The Role of Medical Records Review in Legal Cases
Importance for Lawyers
• Complete Documentation: Medical records have vital evidence of the injury, treatment given, and prognosis that need to be assessed in calculating the damages awarded.
• Critical Examination: Checking all the documents can lead to the discovery of cases of plausible pre-existing ailments that might make the case harder.
How We Aid Legal Representatives
• Elaborate Documents Analysis: We assist lawyers by compiling medical documents including medical histories, treatment plans, and rehabilitation records and then vetting them to prepare a good case.
• Professional Guidance: We can explain the effects of medical care needed (injuries related to pedestrian accidents).
Average Settlement Amounts: What to Expect
• Typical Ranges: The settlement amount for pedestrian accidents averages between $30,000 and $300,000 based on different criteria.
• High Profile Cases: Other settlements with a monetary value of $1 million or more typically come from well-publicized cases that have severe injury outcomes.
Case Study
Case Study 1: Severe Injury from a Pedestrian Accident
Overview: fractures of the leg were sustained by a subject who was hit by a vehicle while crossing a street ‘zebra’ crosswalk.
Challenges: Proving the driver’s negligence and the height of the pedestrian’s injury.
Solutions: The medically dominated narrative suggests that the patient suffered through so much treatment and rehabilitation for them not to be compensated more.
Case Study 2: Fatal Pedestrian Accident
Overview: The victim, a pedestrian, lost his life during an accident with a speeding motorist.
Challenges: Liability is the center of contest on this aspect and it silently explains the effect emotionally on the family who is left behind.
Solutions: A considerable amount of supporting evidence available from other’s investigation, coupled with the medical evidence made it apparent to the eyewitness accounts about the driver’s lack of attention.
Conclusion
It is important for lawyers representing victims to know the average settlement amounts for pedestrian accidents. By utilizing medical records review services, attorneys can better advocate for their clients and build stronger cases. With the ever changing world of personal injury law, understanding relevant data and trends is imperative for success.
