Walking is a common and seemingly harmless activity, but for some Californians, it can result in serious and costly injuries. In fact, according to the California Office of Traffic Safety, pedestrian fatalities and injuries have been on the rise in recent years. While pedestrian accidents can happen for a variety of reasons, they often result in legal claims and settlements.
But what is the average settlement amount for a pedestrian injury in California? Each case is unique, so it’s difficult to give an accurate estimate without first reviewing the details with a Los Angeles pedestrian accident lawyer. For more information, contact the team at Simmrin Law Group–we’re here to help.
The Average Settlement Amount for Pedestrian Injuries
When it comes to pedestrian accidents, the average settlement amount can vary widely depending on the severity of the injuries sustained. For minor injuries like whiplash or a broken bone, the average settlement amount typically ranges from $10,000 to $75,000. However, for more catastrophic injuries such as a spinal cord or traumatic brain injury, the settlement payout can easily exceed $100,000 or even reach upwards of $1 million.
These numbers are just averages, and every case is unique. Consulting with a personal injury attorney is essential when it comes to understanding the specific factors that may apply to your case.
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Understanding Personal Injury Settlements
Personal injury settlements are legal agreements that compensate individuals who have suffered injuries as a result of someone else’s negligence or wrongdoing. These settlements are typically reached outside of court through negotiations between the injured party and the at-fault party’s insurance company or legal representation.
The purpose of a personal injury settlement is to provide financial compensation to the injured person for their medical expenses, lost wages, pain and suffering, and other damages incurred as a result of the accident. The settlement amount is based on a variety of factors, including the severity of the injuries, the impact on the individual’s quality of life, and the degree of fault attributed to each party.
Reaching a fair settlement requires careful evaluation of the facts of the case, gathering evidence, and negotiation skills. It is advisable to seek the assistance of a pedestrian accident lawyer to navigate the complex legal process and ensure that your rights are protected throughout the settlement negotiations.
Factors That Often Impact Pedestrian Injury Settlements
When it comes to pedestrian injuries in California, the cost can be significant. Pedestrian injury settlements can vary greatly depending on several factors, including the following.
Severity of the Injury
One of the most influential factors is the severity of the injury. More severe injuries, such as fractures, traumatic brain injuries, or spinal cord injuries, tend to result in larger settlements.
Medical expenses, ongoing rehabilitation costs, and the impact on the individual’s quality of life all play a role in determining the settlement amount.
Degree of Fault
Another factor that can affect the settlement amount is the degree of fault. California follows a comparative negligence system, which means that if the pedestrian is partially at fault for the accident, the settlement amount may be reduced. For example, if the pedestrian was jaywalking or crossing against the traffic signal, their settlement may be reduced based on their percentage of fault.
Insurance Policy Limits
Additionally, the insurance policy limits of the at-fault party can also impact the settlement amount. If the driver has a low insurance policy limit, it may limit the amount of compensation available to the injured pedestrian.
Every case is unique, and there is no set formula for determining the average settlement amount for pedestrian injuries in California. Consulting with a personal injury lawyer from Simmrin Law Group who has experience in pedestrian accidents can help you understand the specific factors that may apply to your case and help you navigate the legal process to seek a fair settlement.
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Legal Aspects of Pedestrian Accidents in California
When it comes to pedestrian accidents in California, there are important legal aspects to consider. Understanding the legal framework surrounding these accidents is crucial for both pedestrians and drivers involved in such incidents.
California follows a comparative negligence system when determining fault in pedestrian accidents, which means that if both the pedestrian and the driver are found to be at fault to some extent, the settlement amount may be reduced based on each party’s percentage of fault.
For example, if a pedestrian was jaywalking and a driver was speeding, the court may determine that the pedestrian was 30% at fault and the driver was 70% at fault. As a result, the pedestrian’s settlement amount would be reduced by 30%.
Another legal aspect is the statute of limitations. In California, there is a limited amount of time in which a pedestrian can file a personal injury lawsuit after an accident. Generally, the statute of limitations for personal injury cases is two years from the date of the accident. However, there may be exceptions to this rule depending on the circumstances of the case.
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Contact Simmrin Law Group to Find Out More About Personal Injury Settlements
Pedestrian injuries in California can result in serious and costly consequences. The average settlement amount for a pedestrian injury varies based on several factors, including the severity of the injury, degree of fault, and insurance policy limits.
Consulting with the personal injury lawyers at Simmrin Law Group will help you understand the specific factors that may apply to your case. Remember, seeking legal assistance and gathering strong evidence are crucial steps to ensure you receive a fair settlement for your pedestrian injury, so contact us now.