Average Payout For Getting Hit By a Car: Pedestrians and Drivers

After a car accident, you may be seriously injured and in need of urgent medical care. You may also need to start making repairs to your vehicle. You may even need to completely replace your car if it was totaled. There are numerous other losses to consider, some financial, some not. Did you miss work and lose wages because you had to take time off to recover? Were you left with permanent disfigurements or disabilities? Was the experience physically painful or emotionally traumatic? All these details should factor into a possible settlement agreement.

The precise amount you should consider to be a “good settlement” will differ for every case. A plaintiff’s damages and injuries might be minor in some cases, and a smaller settlement agreement could be sufficient. The damages may be severe in other cases, and a larger settlement offer would be more appropriate. In any case, reaching a good settlement agreement will take some negotiating. Defendants have a nasty habit of trying to lowball plaintiffs with paltry settlement offers. An attorney can help you figure out how much your case is truly worth.

If you were injured in a car accident, you can file a personal injury lawsuit to get compensation for your damages. Not every lawsuit will end in a trial, and many lawsuits will end in settlement agreements instead. Our Queens car accident attorneys can help you get the best settlement possible for your case. Call The Carrion Law Firm at (718) 841-0083 to arrange a free, private legal consultation.

Negotiating a Settlement Agreement After Getting Hit by a Car

Settlement agreements are great ways to get compensation to cover expenses related to injuries and damage after being hit by a car. People like to reach settlements because they provide compensation without having a long, exhausting trial. However, settlements rarely just fall into your lap. In most cases, settlements take weeks or even months to negotiate.

Settlement negotiations take place before your trial begins and may be resolved relatively quickly or very slowly. Some negotiations break down, and no agreement is reached, so the case moves forward to trial.

Negotiations will often depend on the willingness of the parties to compromise. In some cases, defendants refuse to pay any more than they think they should. They could be unwilling to budge in the slightest. Other times, defendants are open to compromise and are just as eager as you are to put the whole ordeal behind them.

If you think a settlement agreement would be a better option for your case than a trial, our legal team can help. Our Bronx car accident attorneys can help you negotiate the best settlement agreement for your car accident case.

What Is a Good Settlement Offer for a Car Accident?

What makes a settlement “good” is hard to pin down. Whether or not a settlement is good and should be accepted depends on the unique details of your case, your needs, and your demands. A settlement is usually worth a bit less than what a plaintiff originally claimed in damages. For example, you might have damages worth $100,000, but you may reach a settlement agreement worth $75,000.

Some plaintiffs are okay with settling for an amount less than their actual damages. In many cases, the parties will save money by avoiding a long, expensive trial. However, if this is unacceptable for you, a good settlement will be one that is as close to your actual damages as possible.

You must also consider the needs of your case. If you incurred $50,000 in medical bills, your settlement should cover at least this amount. You do not want to go through the entire settlement negotiation process only to come out in debt.

The likelihood of getting a settlement that meets your needs depends on the strength of your evidence. A strong case is more likely to settle faster because the defendant knows they would lose at trial. A weaker case, however, may see more contentious settlement negotiations. Our Manhattan personal injury attorneys can assess your case, determine how much your damages are worth, and work to get the greatest settlement possible.

How Does Insurance Affect My Settlement After Getting Hit by a Car?

The way your insurance interacts with your car accident injury lawsuit and settlement may differ depending on what state you live in. In some states, the parties must go through their car insurance first, regardless of who is at fault. If your case meets certain legal criteria, then you can file a lawsuit. In other states, you must file a claim with the defendant’s insurance and make a showing of fault. The insurance company will then make an offer that you can accept or reject.

Settlement negotiations may also be affected depending on what insurance covers in your state. Oftentimes, insurance covers economic damages, usually medical bills and the cost to repair your vehicle. Damages like pain and suffering or lost wages are often not covered, making a personal injury lawsuit necessary. If insurance covers more damages, settlements may be smaller and less contentious. If insurance covers all your damages completely, a lawsuit may be unnecessary.

If you are unsure how car insurance in your state might affect your car accident lawsuit and settlement negotiations, an attorney will be able to provide insight and guidance. Our Brooklyn car accident attorneys can help you understand how your insurance works in your car accident case.

Payouts for Pedestrians Getting Hit by Cars in NYC

Unfortunately, pedestrian accidents are a common occurrence, especially in NYC, one of the most densely populated cities on the planet. Although NYC has one of the country’s most developed public transportation systems, the island is still jammed with drivers. According to NYC Vision Zero’s data, 121 pedestrians were killed by negligent drivers in 2022. As of November 30, 2024, there were 109 fatalities and over 8,200 injuries in pedestrian traffic accidents.

Considering that a pedestrian’s injuries can be quite serious, the payout for a personal injury claim could be significant. Compensation in a lawsuit will likely be even higher if the accident results in a pedestrian’s death. Our attorneys have recovered millions of dollars of damages in pedestrian accident cases and can help determine what compensation should be included in your settlement.

However, how much you should be paid in a legal settlement depends on numerous factors. The more serious the injuries, the higher the medical expenses will be. Lost income should also be covered in a settlement if an injured pedestrian can no longer work or can only work in a limited capacity. The financial losses and adjustments injury victims must make will contribute to their pain and suffering, so a good settlement payout should include compensation for non-economic damages. Our team will also examine each party’s liability since a settlement amount might be lower if the pedestrian contributed to the accident.

Medical Expenses

The medical expenses from a pedestrian accident depend on the severity of the injuries involved. Serious injuries, like traumatic brain injuries (TBIs) or spinal cord damage, often require significant medical attention. If a pedestrian suffers such an injury, it might require long-term hospitalization, multiple complex surgeries, and countless types of medications.

A settlement payout should include these costs, as well as the expenses for long-term care. For instance, pedestrian victims with TBIs or spinal injuries often contend with cognitive and motor function issues that require ongoing treatment. They might need to visit healthcare providers weekly for physical and occupational therapy and mental health counseling. Modifications to a victim’s home and assistance devices should also be accounted for in a settlement.

Relatively less severe injuries can still rack up significant medical costs. Many pedestrians suffer broken bones when a car hits them. They, too, might require months of physical therapy after the casts are removed or surgeries to repair damaged muscles and ligaments.

Lost Wages

A good settlement payout will account for a pedestrian’s lost wages if their injuries prevent them from returning to work. Depending on the injuries, you might be out of work for a few months, several years, or unable to return at all. Our team can gather the documentation necessary to prove your income level before the accident and what future lost wages should be included in your settlement, such as missed bonuses, promotions, and the like.

We must also determine your future lost earning potential if your injuries keep you from performing the type of work you did before the accident. This includes having to take a different job to accommodate your injuries that pay less or offer fewer opportunities than before.

Non-Economic Losses

These damages refer to the intangible, non-monetary losses you suffered in the accident and dealing with your injuries. Most people refer to these damages as pain and suffering. Of course, pedestrians struck by cars will likely endure painful injuries in the accident, such as broken bones or worse. You can claim the physical pain from the accident as non-economic damages, as well as the pain you live with since recovering.

This aspect of your payout will also cover the psychological and emotional distress the driver’s negligence caused. Perhaps you feel anxious every time you go for a walk or are hypervigilant around cars because of PTSD. Your injuries might limit your ability to enjoy hobbies, activities, and relationships in the same capacity as you did before getting injured, reducing your overall quality of life. Not being able to take part in the things you once did can lead to depression and other mental health conditions that should be addressed in your settlement.

While non-economic damages cannot be measured with bills and invoices, our team can assess various factors to help estimate a fair value to demand in your payout. Your injuries’ severity will be a crucial factor and how likely you are to make a full recovery. If your injuries are permanent or long-term, your non-economic compensation will typically be higher. We will also take into account your age and the psychological effects that you have developed, like those mentioned above.

Our team can gather mental health reports from your therapist if you have sought treatment to help you come to terms with the accident. If not, we can arrange for expert witnesses to provide reports on how the accident has impacted you. You can also speak to the harm you suffered.

Call Our Car Accident Lawyers

Call our Staten Island car accident attorneys at The Carrion Law Firm at (718) 841-0083. We can arrange a free legal consultation to discuss your potential settlement.