As a pedestrian, you are the most exposed and vulnerable traveler on the roads, and your safety is really up to the people who are operating motor vehicles around you. Being injured in a pedestrian accident can be extremely damaging, not only physically, but mentally. The team at The Law Offices of Eugene Gitman has experience representing pedestrian accidents in Bucks County and will be happy to use this experience to your advantage while fighting for the money that you rightfully deserve for your suffering.
Read more below about pedestrian accidents, as well as how we will work to calculate the money that you rightfully deserve for this unfortunate situation. Each accident is different, so it is important that we begin working together as soon as possible in order to build a case that accurately presents your circumstances in a clear way to an insurance adjuster or insurance company legal team during negotiations for a settlement, or to a judge and jury if we pursue a full lawsuit in the Bucks County court system.
Working With An Insurance Company After a Pedestrian Accident
After you have been in a pedestrian accident with a motor vehicle, you will very likely begin to work directly with their insurance company, who is responsible for making payments to people who have been injured in situations involving their clients. However, it is important that you remember that an insurance company will do anything that they can to limit the money that they pay out in any given situation. Keep this in mind when they make you an initial offer. DO NOT accept this offer without working with an attorney and ensuring that you are getting an amount that will adequately cover your expenses and everything else you deserve. Once you accept the offer, you will need to relinquish your right to any future legal actions, which can cause serious issues if more problems or expenses were to arise.
When you are working with our team, this initial offer is simply a start to negotiations. We will work through a series of negotiations directly with the insurance company before pursuing a full lawsuit because an out of court settlement will save us time and money while getting you the money you deserve. If we are able to reach a number that makes sense, then we will accept the settlement. However, if we are unable to reach an agreement then we will move forward with a full lawsuit and seek the maximum damages that we believe you deserve.
Calculating Damages In a Pedestrian Accident
Damages after an accident are complicated, and there are a variety of different variables to consider that change from case to case, and even vary greatly between victims of the same accident. This is because these variables range from things like the wages that the victim typically earns and the cost of their medical treatments to things like the emotional suffering that they have endured as a result of their accident. These damages are separated into two different categories.
Economic damages are intended to compensate the victim and their insurance company for actual, measurable costs and expenses associated with the accident and the resulting injuries. This includes things like medical expenses, surgeries, prescriptions, and other healthcare costs, but they also include impacts on the victim’s income. This can include things like lost wages due to time that they have missed at work, but also include paid time off or vacation time that the victim used in order to cover missed time, as well as any short-term or long-term disability or changes to their earning potential.
While calculating economic damages can be somewhat straightforward, non-economic damages tend to be more complicated because they are more abstract, and do not come with a set dollar amount. This includes things like the actual pain and suffering that a victim must endure, as well as their emotional anguish, fear, depression, and a general reduction in quality of life that may happen as a result of their injuries.
Since there is no dollar amount to these things, it is typical for a pedestrian accident attorney to determine a “multiplier” in order to indicate the severity of these damages to a judge, jury, or insurance company. This multiplier is then applied to the economic damages in order to come up with a dollar value that makes sense for these impacts. For example, a multiplier of 3x and economic damages totaling $100,000 will result in non-economic damages being sought in the amount of $300,000. Because of their abstract nature, the non-economic damages are likely to be the most contested in a settlement negotiation or lawsuit.