If you are one of the hundreds of people hurt in pedestrian accidents in Oregon annually, you probably want to know what you can get for your medical bills, pain, and lost earnings. Getting hit by a car can lead to very serious injuries and you need money to recover.
Some things to remember about pedestrian accidents when talking to your Portland crosswalk accident lawyer:
First, determining what the typical settlement is in one of these cases is difficult. It also is not especially helpful because everyone’s case and injuries are different. Also, while your attorney can access general information about similar past cases, much of the information is confidential.
Second, liability for a pedestrian accident is not always as clear as we might think. You could even be partially responsible, which will affect the compensation you receive.
What Affects Your Pedestrian Claim Compensation?
It is difficult to know what your case is worth generally. It comes down to several important factors.
First, how severe are your injuries? The insurance adjuster will probably look at your injuries in terms of soft or hard. If you have ‘soft’ injuries, this means soft tissue injuries such as whiplash. This is a real injury but it is more difficult to prove. On the other hand, a hard injury is a broken bone, slipped disc, or internal injury. These injuries are easy to see and prove.
People with soft injuries tend to get less compensation, while hard injuries get more.
Second, how much time did you miss at work? Your past lost income will be part of your pedestrian accident settlement. Your Portland crosswalk accident lawyer also should fight for you to receive future lost income if you will continue to miss work during your recovery.
Third, what is the nature and extent of your treatments by your doctor? Not all medical services are looked at the same by the adjuster. The medical treatment you get from the doctor will affect how much the insurance company values it. If you get treatments from a chiropractor, for example, this is not valued as much as treatments from a physician.
Fourth, how do your pedestrian accident injuries affect your life? Pain and suffering and disruptions of life are more difficult to quantify but can be a major part of your settlement. You can make a more convincing argument to the insurance company if you keep an injury diary, describing the pain and discomfort you have from your injuries. Talk about how the injuries prevent you from doing things you enjoy.
Fifth, was there a clear fault for the accident? Some pedestrian accidents have clear liability but not all of them. For example, if you were in a crosswalk and had the right of way and a car struck you, liability is clear. The insurance company will probably give you an easier time and offer a higher settlement.
However, if you were crossing the road in the crosswalk and did not have the right of way, you could be partially to blame. If you are less than 50% responsible for the accident in Oregon, you can still receive compensation. However, your settlement will be reduced by your percentage of fault.
Last, how will your pedestrian accident injuries affect your life and ability to earn a living? If you have serious injuries that reduce your ability to make money at work, you could be entitled to future lost wages.
These are the variables that will affect the size of your pedestrian accident settlement. Find out more about what your case is worth by speaking to the best Portland crosswalk accident lawyer in your area.
Herron Law Firm 