May 11, 2021
Pedestrians in Illinois typically have the right of way in pedestrian-motor vehicle interactions. This is especially true in crosswalks and when traffic lights signal that it’s safe for pedestrians to cross the road. This means that if you’ve been injured or hit by a motor vehicle due to the driver’s fault or negligent actions, you may be entitled to claim damages through a settlement.
A pedestrian accident settlement may occur when all parties in a pedestrian accident agree on a monetary value for covering costs related to the victim’s injuries. This applies to vehicular accidents as well as non-vehicular accidents caused by sidewalk, walkway, or parking lot defects, hazardous construction sites, and poor property maintenance, among others.
The settlement could occur directly with the insurance company before litigation starts, before the case goes to trial, during the pre-trial settlement, or right in the middle of the trial. Basically, the settlement is a contract that states that the at-fault party will compensate the victim a specific sum of money for the losses the victim incurred due to the at-fault party’s negligence.
It’s important to note that pedestrian accident claims rarely go to trial because settling the dispute out-of-court is usually easier, quicker, and less costly than going to trial for all parties.
The damages available in pedestrian accident settlements include special and general damages. Special damages, also called economic damages, are used to reimburse you for out-of-pocket costs related to your injury. These include lost wages and medical expenses. Past special damages are easily quantifiable and verifiable through accurate supporting documentation. Future costs might need expert analysis to estimate.
General damages, on the other hand, are not easily verifiable and quantifiable because they’re inherently subjective. These include claims for emotional distress, pain and suffering, loss of companionship, and disfigurement. Because most general damages are difficult to quantify, proving them can require professional legal help.
Take note that every claim is different and comes with plenty of different variables – from the extent of the claimant’s injuries to the degrees of fault and many other factors.
With this in mind, when calculating your settlement, the at-fault party’s insurance adjuster will consider various factors, which typically include the following:
You should also know that it’s possible for your damages award to be limited or reduced. For example, if you, to some degree, contributed to the accident, it could influence the settlement amount you can collect under the state’s modified comparative fault rule.
If you’ve sustained injuries in a pedestrian accident, The Law Offices of Thomas A. Morrissey can discuss your legal options. Contact us for a no-cost consultation with a personal injury lawyer in Illinois.
Thomas A. Morrissey is an experienced personal injury lawyer, trusted to protect the rights of those who have suffered an injury in the Chicagoland area.
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