Those hurt in a pedestrian accident in Andover often wonder about the value of their case. It is a common question, and for good reason. Medical bills can pile up quickly, and you may be unable to work while recovering. Knowing the potential worth of your case can help you make informed decisions about your legal options.
At Altman Nussbaum Shunnarah, we have helped many pedestrians get fair compensation after accidents. While every case is unique, there are several factors that typically influence the value of a pedestrian accident claim. Let us explore these factors to give you a clearer picture of what your case might be worth.
The Severity of Your Injuries
One of the most significant factors in determining the value of your case is the extent of your injuries. More severe injuries generally lead to higher compensation. This is because serious injuries often result in:
- Higher medical expenses
- Longer recovery times
- More significant pain and suffering
- Greater impact on your ability to work and enjoy life
For example, a case involving a broken leg will likely be worth more than one involving only bruises and scrapes. Similarly, injuries that cause permanent disability or disfigurement typically result in larger settlements or verdicts.
It is important to keep detailed records of all your medical treatments, including doctor visits, hospital stays, medications, and therapy sessions. These records serve as evidence of the extent of your injuries and the care you have needed.
Your Medical Expenses
The cost of your medical treatment plays a big role in your case’s value. This includes not just your immediate care after the accident but also any ongoing or future medical needs related to your injuries. Your claim should account for:
- Emergency room visits
- Surgeries
- Hospital stays
- Follow-up doctor appointments
- Physical therapy or rehabilitation
- Medications
- Medical equipment (like crutches or wheelchairs)
- Future medical care you might need
Make sure to keep all bills and receipts related to your medical care. These documents will help prove the financial impact of your injuries.
Lost Wages and Earning Capacity
If your injuries have caused you to miss work, you can claim these lost wages as part of your case. This includes not just the time you have already missed but also any future time off you might need for recovery or ongoing treatment.
In some cases, pedestrian accidents can impact a person’s ability to work long-term or even permanently. If your injuries have reduced your earning capacity or forced you to take a lower-paying job, this loss of future earnings can significantly increase the value of your case.
Pain and Suffering
While it is easier to calculate economic damages, pain and suffering are also a crucial part of many pedestrian accident cases. These damages compensate you for the physical pain and emotional distress caused by the accident and your injuries.
The amount awarded for pain and suffering can vary widely depending on the specifics of your case. Factors that can influence this include:
- The severity and duration of your pain
- Any emotional trauma or mental health issues resulting from the accident
- How your injuries have affected your daily life and relationships
- Whether you have experienced significant life changes due to your injuries
Comparative Negligence
Massachusetts follows a modified comparative negligence rule. This means that if you were partially at fault for the accident, your compensation could be reduced. For example, if you are found to be 20% at fault, you could only recover 80% of your total damages.
However, as long as you are less than 51% at fault, you can still recover damages. If you are found to be 51% or more at fault, you cannot recover any compensation. This is why it is crucial to work with experienced attorneys who can help demonstrate that the driver was primarily at fault for the accident.
The Strength of Your Evidence
The value of your case also depends on how well you can prove the other party’s fault and the extent of your damages. Strong evidence can increase the likelihood of a favorable settlement or verdict. This evidence might include:
- Police reports
- Eyewitness statements
- Traffic camera or surveillance footage
- Photos of the accident scene and your injuries
- Expert testimony from accident reconstructionists or medical professionals
At Altman Nussbaum Shunnarah, we work diligently to gather and preserve all available evidence to build the strongest possible case for our clients.
Our Andover Lawyers are Here for You
If you have been injured in a pedestrian accident in Andover, do not hesitate to reach out to Altman Nussbaum Shunnarah. Our team is ready to help you out.
