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6 Factors That Influence Pedestrian Accident Settlements In Louisiana

  • By: Gennusa Firm
Person sitting on the ground after a Pedestrian Accident

In this article, you can discover…

  • How the severity of your injuries can impact settlement amounts.
  • The impact of driver insurance on your claim’s value.
  • How jaywalking might affect your accident settlement.

How Does The Severity Of My Injuries Affect My Compensation?

In Louisiana, the amount and type of compensation you can claim as a victim of a pedestrian accident depends on the severity of the accident and the type of injuries that you sustained. An insurance company will value your claim based on the severity of the accident and the type of injuries. While severe injuries are valued the highest, you can still receive compensation if your injuries are only “soft tissue”, such as sprains or bruising.

When you reach out to a personal injury attorney, they’ll review your case and help you determine damages that you may be entitled to, including damages for pain and suffering, past and future medical bills, lost income, loss of enjoyment of life, loss of companionship and emotional stress.

If a pedestrian does not survive an accident, their family members may bring a suit against the driver for damages, as well.

How Does The Driver’s Insurance Coverage Impact How Much My Claim Is Worth?

The driver’s insurance coverage policy limit represents the highest amount of money that you can recover. For example, if the person who hit and injured you has the state minimum insurance coverage of $15,000 per person and $30,000 per accident, then the most you can recover from that person’s insurance company is $15,000.

Why Is Medical Treatment And Documentation Important In A Pedestrian Accident Claim?

Medical treatment and the documentation of your injuries are crucial to your claim. Be sure to get medical attention immediately following the accident, either through a visit to the emergency room or your doctor.

The medical records from this treatment will be needed to help demonstrate the type of injuries you sustained, how severe they are, and establish a link between the accident and your injuries.

Can Witness Statements Affect The Outcome Of My Claim?

Depending on what the witness saw, eyewitness testimony can sometimes be quite helpful in determining liability and fault. While insurance companies will often seek to shift blame to the pedestrian to mitigate damages or avoid paying, a witness statement to the contrary can help counter these claims.

Your personal injury attorney will work to compile all witness statements, police reports, scene recreations, and any footage from traffic cameras to help determine what happened and prove that the driver was at fault.

If I Was Jaywalking, How Does This Influence The Settlement Amount?

Louisiana is a “comparative fault” state, meaning the percentage of fault you have for your accident will impact the amount of damages you can receive. If you were jaywalking when struck, you would likely be found partially at fault for the accident.

For example, if your jaywalking is determined to be 25% responsible for the accident, the damages you receive will be reduced by 25%. You can still receive compensation, however, and should consult with a personal injury attorney to determine the details of your accident and the damages you may be entitled to.

Still Have Questions? Ready To Get Started? For more information on Pedestrian Accidents In Louisiana, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.

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