When a pedestrian is hit by a car in Virginia, their injuries, treatment, expenses, and losses are different from others who are hurt in similar accidents. Each case is unique. This makes it difficult or impossible to determine an average pedestrian accident settlement in Virginia that would tell you anything about your own case.
The best way to ensure you understand the potential value of your own pedestrian injury claim is to work with an attorney who can assess your damages and seek fair compensation for you. A Virginia pedestrian accident lawyer from our firm will manage your case from start to finish so you can focus on getting better.
Get started today with a FREE claim review.
Understanding the Recoverable Damages in a Virginia Pedestrian Accident Case
The recoverable damages in any collision will depend greatly on the victim’s injuries, expenses, and losses. These are unique to their own accident. If you were hurt when a careless driver hit you, your attorney will work to document some or all the following types of damages.
This will allow them to demand the at-fault driver’s insurance company cover these damages in their settlement offer or request the jury award them at trial.
Some of the most common types of damages recovered for injured pedestrians include:
Economic Damages
- Medical Expenses: Emergency care, hospitalization, surgery, rehabilitation, physical therapy, and future medical costs related to your injuries
- Lost Income: Compensation for time missed at work because of your injuries and recovery
- Diminished Earning Capacity: Compensation if you are unable to return to your previous job because of a new disability
- Out-of-Pocket Costs: Expenses ranging from paying to park at the hospital to needing wheelchair ramps, prosthetics, or other specialized equipment
Non-Economic Damages
- “Pain and Suffering” and Inconvenience: Physical pain, emotional distress, and trauma caused by the accident
What Factors Affect the Payout in a Virginia Pedestrian Accident?
A number of factors can affect how much a victim might receive after a pedestrian collision in Virginia. This could include:
The Severity of Their Injuries
When a victim suffers severe or catastrophic injuries, they generally require more care and support. This could result in higher settlements. This is especially true when they have long-term care needs and future medical costs due to traumatic brain injuries, spinal cord injuries, or other similar injuries.
Medical Expenses and Ongoing Care Needs
Lasting injuries can also contribute to the expenses and losses experienced in other ways. Those with serious, long-term injuries may require additional surgeries, inpatient rehabilitation, ongoing therapies, home modifications, and other expenses.
Lost Income and Earning Capacity
If lasting injuries prevent a pedestrian accident victim from returning to their job or if their injuries otherwise affect their future earnings, they can generally recover more money. Factors that could play a role in this determination include their age, occupation, current income, and potential career growth.
“Pain and Suffering” and Inconvenience Damages
Unlike some states, Virginia does not cap pain and suffering damages for general personal injury cases. This means victims can pursue additional compensation for “pain and suffering” and inconvenience if they suffer more serious, lasting injuries.
Insurance Coverage Limits
The coverage limits of the at-fault driver’s auto liability insurance policy could play a role in the payout amount in a pedestrian accident case. If they are uninsured or underinsured, it might be necessary to file a claim based on uninsured/underinsured motorist (UM/UIM) coverage available to the victim, too.
Strength of Evidence and Legal Representation
The strength of the case against the driver can make it easier to recover maximum compensation. When there is clear evidence of negligence, it is often easier to secure larger payouts. This could include video of the collision, eyewitness statements, or accident reconstruction reports showing negligence and fault.
An attorney who will not back down and who negotiates aggressively or manages the case well at trial will also greatly benefit the victim.
Building a Convincing Pedestrian Accident Case Showing Negligence and Liability
The evidence available is critical to getting fair compensation in a Virginia pedestrian accident case. You must have documentation to show what happened and how the at-fault driver’s actions led to your injuries. Some common ways that drivers cause pedestrian accidents include:
- Speeding
- Distracted driving
- Failing to yield at crosswalks
- Running red lights or stop signs
- Drunk or impaired driving
- Reckless or aggressive driving
- Left-hand turns without checking for pedestrians
- Backing up without looking
- Drowsy driving
- Not leaving enough space when passing a pedestrian
Pedestrian accident lawyers understand how to identify, preserve, and analyze the available evidence in these cases. They will work to maximize your compensation by developing the strongest case possible based on the details of what happened and the available evidence.
How Long Does an Injured Pedestrian Have to Sue in Virginia?
While many pedestrian accident cases settle without going to trial, it is important to understand that deadlines still apply and could affect your ability to recover damages. Pedestrian accident victims generally have two years to file a lawsuit under Va. Code § 8.01-243. Missing this deadline, called the statute of limitations, could result in forfeiting the right to recover compensation in your case, so it is vital that you act quickly.
Your lawyer will also take key steps to protect your rights and develop your case during this time. This includes preserving evidence that might otherwise be lost and managing all communication with the liable party and insurance companies. This should relieve some of your stress about your legal case and provide peace of mind while you heal.
Talk to Our Virginia Pedestrian Accident Team for Free Today
The Parrish Law Firm, PLLC, offers a FREE claim review to injured pedestrians and their families. We can help you understand your case, next steps, legal options, and what a pedestrian accident settlement looks like in Virginia. Learn how a pedestrian accident lawyer can help you pursue a fair settlement based on your case facts. Contact us today to get started.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form