Being involved in a pedestrian accident can change your life in an instant. In Florida, where roads are busy and pedestrian traffic is common, these accidents happen far too often. When a pedestrian is injured in such an event, they may be entitled to receive compensation, which is typically determined through a settlement. However, there are many different factors that can impact the value of this settlement. Understanding these factors is important for anyone who has been hurt in a pedestrian accident, as it helps clarify what you might expect if you pursue a legal claim. At, Victory Law Firm P.A. , we are here to guide you through the legal process and help you navigate the complexities of your case.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
The Severity of Injuries
One of the most significant factors in determining the value of a pedestrian accident settlement is the severity of the injuries sustained. Pedestrians are vulnerable on the road, and when they are struck by a vehicle, the injuries can range from minor to life-altering. If the injuries are severe, such as broken bones, head trauma, or spinal cord damage, the settlement amount is likely to be higher. This is because the victim may require extensive medical treatment, ongoing therapy, or long-term care. Additionally, severe injuries can result in a loss of ability to work or enjoy life as before, further increasing the potential settlement amount.
Minor injuries, on the other hand, may result in a lower settlement. Though these injuries can still be painful and require medical attention, they often do not lead to the same long-term consequences as more severe injuries. In Florida, the settlement value will reflect the extent of the harm done to the pedestrian, both physically and emotionally.
Medical Expenses
The cost of medical treatment is another key factor that will affect the value of a pedestrian accident settlement. In Florida, victims of accidents are entitled to compensation for the medical expenses they incur as a result of the incident. This can include emergency room visits, hospital stays, surgeries, medications, physical therapy, and even psychological counseling if needed.
If the injured pedestrian needs ongoing medical care or rehabilitation, the settlement will likely include future medical costs as well. It is important to have a clear record of all medical expenses to ensure that they are fully covered in the settlement. The more extensive and costly the treatment, the higher the settlement value is likely to be.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
Lost Wages and Reduced Earning Capacity
Another factor that can affect the value of a pedestrian accident settlement in Florida is the impact the accident has on the victim’s ability to work. If the injured pedestrian is unable to work while recovering from their injuries, they can seek compensation for lost wages. This includes not only the income they have already lost but also any future wages they are expected to lose due to the accident.
In some cases, the injuries sustained in the accident may permanently reduce the victim’s ability to work. For example, someone with a serious spinal injury may no longer be able to perform physically demanding tasks. In such cases, the settlement may include compensation for reduced earning capacity. This amount is based on how the victim’s future earnings have been affected by the accident. The greater the impact on the pedestrian’s ability to work, the higher the settlement value.
Pain and Suffering
Beyond the physical injuries and financial losses, the emotional and psychological toll of a pedestrian accident must also be considered. Pain and suffering refer to the physical pain and emotional distress that a person experiences as a result of their injuries. This is not something that can be easily measured, but it is an important part of many accident settlements in Florida.
If the pedestrian is dealing with long-term pain, emotional trauma, or even conditions like anxiety or depression as a result of the accident, they may receive additional compensation for their suffering. The value assigned to pain and suffering can vary depending on the circumstances of the case, but it is typically higher in cases involving severe or permanent injuries.
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Liability and Fault
Another critical factor that influences the value of a pedestrian accident settlement in Florida is determining who was at fault for the accident. In Florida, the concept of comparative negligence applies, meaning that both parties involved in the accident can share responsibility for what happened. If the pedestrian is found to be partially at fault for the accident, this can reduce the amount of compensation they receive.
For example, if a pedestrian was crossing the street outside of a crosswalk or ignoring traffic signals, they might be assigned a percentage of fault. If the pedestrian is 20% at fault, their settlement will be reduced by 20%. On the other hand, if the driver is found to be fully responsible for the accident, the pedestrian’s compensation will not be reduced.
Insurance Coverage
Insurance coverage plays a big role in determining the value of a pedestrian accident settlement in Florida. In many cases, the settlement will be paid by the driver’s insurance company. Florida drivers are required to have a minimum amount of insurance, but if the at-fault driver has limited coverage, this could affect the amount of compensation available to the injured pedestrian.
In some cases, the pedestrian’s own insurance may come into play if the driver is uninsured or underinsured. Understanding how insurance policies work in these situations is important for making sure that the injured pedestrian receives fair compensation.
Serious Results
The Impact on Daily Life
A pedestrian accident can have a lasting impact on the victim’s ability to live their life as they did before the accident. This is another factor that can influence the settlement value. If the injuries prevent the pedestrian from engaging in everyday activities, such as exercising, driving, or spending time with loved ones, the settlement may take these losses into account.
In some cases, pedestrians may also be entitled to compensation for the loss of enjoyment of life. This is especially true when the injuries are permanent or result in a significant change in the victim’s lifestyle. The greater the impact on the pedestrian’s day-to-day life, the higher the settlement may be.
Negotiation and Legal Representation
Finally, the outcome of settlement negotiations can have a significant impact on the final value of a pedestrian accident settlement in Florida. Insurance companies often try to settle claims for as little as possible, so having strong legal representation can make a big difference.
A knowledgeable attorney can help guide the injured pedestrian through the settlement process, ensuring that all factors are considered and that they receive fair compensation. The more effectively the case is presented, the more likely it is that the pedestrian will receive a higher settlement.
Many factors can affect the value of a pedestrian accident settlement in Florida. The severity of the injuries, medical expenses, lost wages, pain and suffering, and fault all play a role in determining the final amount. Additionally, the quality of legal representation and the insurance coverage available can also influence the outcome.
If you or someone you love has been involved in a pedestrian accident in Florida, it is important to understand these factors and how they may impact your case. Each accident is unique, and the settlement process can be complex, but with the right guidance, you can pursue the compensation you deserve.
At Victory Law Firm P.A., we are committed to helping accident victims navigate this difficult process and fight for fair compensation. Our team is here to provide the support and legal representation you need. To learn more or to discuss your case, contact us today.