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What are some variables that would increase the value of a pedestrian accident claim?


Certain stars would have to align for a claim to have a greater value. First, the liability scenario would have to be such that the plaintiff not at fault for causing their own injuries or at least not significantly so.

For instance, there are situations where pedestrians enter into cross walks when the traffic signal indicates that it is safe for them to do so. In that situation drivers are supposed to yield to pedestrians because the pedestrian entered the cross walk when it was legal for them to do so. But on the other side of that you have situations where pedestrians enter the cross walk when it may not be legal for them to do so. In that instance it is the pedestrians duty to yield to the incoming vehicle. However, the onus is also on the driver to use care when crossing through an intersection. In situations like these Plaintiff’s are more likely to be found to be partially at fault. Another important factor is the existence of insurance benefits and assets for the at fault party, without which there will likely be no recovery. Another variable is economic damages which include loss of past income, loss future income, prior medical bills and projected future medical bills. Other damages such as pain and suffering or mental anguish or pre-accident terror can increase the value of a claim as well. Punitive damages can also be claimed if the driver of the vehicle that caused the accident was engaged in some sort of criminal activity. Liability, insurance coverage, assets, severity of injury, economic and non economic damages all contribute to the value of your claim.