How is the value of a pedestrian injury case determined?
There is no magic formula to predict the amount of money a pedestrian injury may be worth. It is not that simple. The facts of every pedestrian accident injury case are unique. Slight differences in the facts can make a big difference in the outcome. It’s dangerous to compare notes with someone with a similar injury. A personal injury lawyer will use years of experience gained in handling similar cases in determining the value of your case.
What are the main considerations in determining the value of a case?
The main considerations include:
How strong is the evidence the driver was at fault?
Does the insurance company have a good argument the injured pedestrian was also at fault (i.e. comparative fault?) Note: This does not necessarily mean the pedestrian does not have a claim.
With this in mind, the value of any case is a function of the injury and the damages suffered by the victim.
These damages are broken down into two categories:
1. Financial losses which can be calculated with certainty (i.e., past and future medical expenses, lost earnings, loss of the ability to earn money in the future).
2. Intangible losses (i.e. physical and mental pain and suffering, inconvenience and mental anguish, scarring and disfigurement, loss of the enjoyment of life). These are more difficult to calculate and juries are instructed to use their own common sense and judgment.
Keep in mind; no two cases are alike, even if the accident and injuries are nearly identical.
Evaluating personal injury cases takes: