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Salinas Pedestrian Accident Lawyers

Out of all personal injury incidents, few are as devastating as pedestrian accidents. This is especially true in California, where the pedestrian fatality rate is nearly 25% higher than the national average. Even when injuries aren’t fatal, they often lead to lifelong complications and a lower quality of life.

At Silva Injury Law, we understand how traumatic these incidents are for victims and their families. For us, it’s important to advocate for those harmed by the negligent actions of another so they may find some justice. Call us or send us a message today to discuss your case with an experienced pedestrian injury attorney.

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What Is the Average Settlement for Pedestrian Accidents?

One of the first things people ask about their claim after an accident is how much they can expect or what the average settlement is. While there are plenty of resources that claim to know an average, some of these figures are misleading. 

There are a couple reasons for this. First, most calculated averages include only a small number of cases. In addition, they usually leave out any confidential settlement amounts. This makes the resulting average no better than an educated guess. 

Second, settlements for pedestrian accidents vary so widely that an average isn’t truly representative of most cases. Unfortunately, there’s no way to capture the individual circumstances that affect every claim and represent that in a single average. For this reason, we recommend reaching out to one of our Salinas pedestrian accident lawyers if you have questions about the value of your claim.

Types of Damages You May Pursue in a Pedestrian Accident Claim

In any given pedestrian accident claim, there are two types of damages claimants usually pursue. The first, known as economic damages, includes any financial losses associated with the injury. For pedestrian accidents, this usually means things like:

  • Medical treatment costs,
  • Lost wages during recovery,
  • Reduced earning capacity, and
  • Property damage.

One important thing to keep in mind is that you may claim both current and future treatment expenses. For example, if you suffer a spinal cord injury that requires multiple follow-up surgeries, your claim should include those procedures.

The second type of damages, known as non-economic damages, is very different. Instead of covering financial losses, they cover physical and emotional losses. In essence, these are the quality of life costs that you incur due to an injury, which affect everyone differently. This includes:

  • Loss of life’s enjoyment,
  • Mental anguish,
  • Disfigurement,
  • Disability, and
  • Pain and suffering.

Since many of these losses are intangible, calculating them isn’t that straightforward. Instead, many Salinas pedestrian accident lawyers create custom formulas for every client. Some may multiply the total economic damages by a certain number or simply calculate a per day cost for the victim. In either case, an attorney is a great resource when trying to determine the extent of non-economic damages in your claim.

The Statute of Limitations for Pedestrian Accidents

While most pedestrian accident claims settle before going to court, there is always the possibility of needing a trial. In any case, it’s important to keep track of the statute of limitations or time limit for filing a lawsuit. Currently, claimants in California have two years from the date of injury to file. If you don’t bring an action before this time limit expires, the court will likely dismiss the case. 

What Is the Burden of Proof?

In a pedestrian accident, there are four different elements involved in proving the negligence of the other party. These elements are:

  • Duty of care,
  • Breach of duty,
  • Causation, and
  • Damages.

All claimants must show these four elements to receive compensation in a claim. The insurance company will try to call the evidence of these elements into question. Ultimately, their goal is to minimize your payout as much as possible.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

Contact Our Salinas Pedestrian Accident Attorneys Today

If you or a loved one gets hit as a pedestrian, don’t try to go through your claim alone. At Silva Injury Law, we compassionately advocate for victims of injury and treat them as if they are our own family. With recognitions from SuperLawyers, the National Trial Lawyers, and more, we take pride in guiding families through the healing process. To schedule a free consultation, please call us.

 

Our experienced legal team handles other types of injury cases as well, including: