Every year tens of thousands of pedestrians are struck by cars, trucks, motorcycle, and public transportation vehicles resulting in catastrophic injuries and death. Our law firm has represented many victim of pedestrian accidents
. Among the many questions asked by prospective clients to our attorneys is, “what is the value of my case,” or “how much is my case worth.”
What is a Value of My Case
A personal injury attorney is only able to proved client with a rough estimate of the potential value of a case since there are numerous interlinking factors which may be involved including the solvency of the defendant, partial liability of the injured party, the location of the jury trial. Some of the most important factors in determining the value of a pedestrian accident lawsuit is presented below.
If you have any other questions after reading, and would like to speak to with an attorney regarding your case feel free to contact our law office toll free (888) 649-7166
. All consultations are free of charge to all prospective clients.
Factors in Determining the Estimate Value of a Pedestrian Accident Lawsuit
Present and Future Medical Costs
: Common pedestrian related injuries include spinal cord injury, severe back and neck injuries, broken bones, brain injury, facial trauma, and internal organ failure. According to studies the average cost of medical care foe pedestrian accidents is 3 times greater than accident involving motorists of passengers in vehicles. Victims are not only entitled recovery for current medical bills but any future required medical costs which may include reconstructive surgery, rehabilitation care, and medication expenses.
Pain and Suffering
: The state of California allows juries to place a cost on the daily pain and suffering an individual experiences after a serious accident. The calculation is done on a per diem basis
; that is the jury estimates the daily value of your pain and suffering and multiplies it by the number of days you are likely to experience such issues. For example a jury can place a daily estimate at $500.00 per day with the number of days at 1,000; thus the calculation would be ($500 X 1,000 = $500,000).
Life Care Costs – Disability Care
: In many severe cases pedestrians will suffer from permanent injuries and disabilities which may include spinal cord injury resulting in paraplegia and paralysis and traumatic brain injury. Such individuals will likely require permanent disability care including nursing and home care, transportation expenses, and rehabilitation which can amount to millions of dollars in lifetime costs.
Other Important Factors
– Evidenced through pay stubs, lost commissions or bonuses
Loss of Future Income
– Usually assessed by a vocation expert which calculated the life time loss or reduction of yearly income based upon the permanence of injuries suffered.
– Awarded where an individual acts with malice, intent, or reckless disregard for the life and safety of others.
Filing a Personal Injury Lawsuit – What You Need to Know:
The state of California places a two year statute of limitations on personal injury civil lawsuits. Another words a plaintiff has two years from the date of the accident to file a claim. There are some exceptions to the two year limit. For example in assess where a defendant is a government entity a plaintiff must file a claim with the government agency within 6 months from the date of the accident. Failure to do so will eliminate his right to recovery.
For more specific information regarding your rights under the law contact our Law Firm toll free (888) 649-7166
. All consultations with an attorney from our office is free of charge.