If you’ve been injured as a pedestrian in an accident, you are likely facing a whirlwind of physical pain, emotional stress, and mounting financial pressure. Amidst the doctor’s appointments and recovery, two questions inevitably come to mind: “How much is my case worth?” and “How long will this all take?”
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Understanding the factors that shape pedestrian accident settlements is the first step toward regaining control. While every case is unique, this guide will provide a clear timeline and explanation of the settlement process in Texas. With a history of serving Texas since 1993, the team at Joel A. Gordon & Associates has helped countless families navigate this complex journey, and we’re here to shed light on what you can expect.
What Factors Influence Pedestrian Accident Settlements?
There is no magic formula or online calculator that can accurately determine the value of your claim. Instead, the final settlement amount is a combination of several critical factors that your attorney will carefully investigate and document.
Severity of Your Injuries
This is the most significant factor. A case involving minor scrapes and bruises will be valued very differently from one involving a traumatic brain injury or spinal cord damage. We assess the full extent of your medical costs, including:
- Emergency room visits and hospital stays
- Surgeries and medical procedures
- Physical therapy and rehabilitation
- Prescription medications
- Future anticipated medical care
Lost Wages and Diminished Earning Capacity
If your injuries prevent you from working, you are entitled to compensation for the income you’ve lost. Furthermore, if the accident results in a permanent disability that affects your ability to earn a living in the future, we will calculate this “diminished earning capacity” to include in your settlement demand.
Pain and Suffering
Often called “non-economic damages,” this category compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident. While harder to quantify, this is a crucial component of a fair settlement, reflecting the human cost of the collision.
Liability and Negligence
Texas operates under a “proportionate responsibility” rule. This means your settlement can be reduced by the percentage you are found to be at fault. Insurance companies will often try to shift blame onto the pedestrian. An experienced attorney will work to gather evidence—like traffic camera footage, witness statements, and police reports—to prove the driver’s negligence and protect the full value of your claim.
Insurance Policy Limits
The settlement is ultimately limited by the at-fault driver’s insurance policy coverage. We will explore all available sources of recovery, including underinsured/uninsured motorist coverage, to maximize your potential compensation.
How Long Does It Take to Settle a Pedestrian Accident?
One of the most common questions we hear is, “how long does it take to settle a pedestrian accident?” The answer depends entirely on the complexity of your case. The timeline can range from a few months to well over a year, moving through several distinct phases.
- Investigation and Treatment. Immediately following the accident, the focus is on two things: your medical treatment and our investigation. We gather evidence, identify liable parties, and monitor your medical progress. This phase continues until you reach what is known as Maximum Medical Improvement (MMI).
- Reaching Maximum Medical Improvement (MMI). MMI is the point at which your doctors determine your condition has stabilized and is unlikely to improve further. It is critical to wait until you reach MMI before settling. Settling too early means you won’t know the full, long-term cost of your injuries, and you cannot ask for more money later.
- The Demand and Negotiation Phase. Once we have a complete picture of your damages (medical bills, lost wages, future needs), we will draft and send a comprehensive demand letter to the insurance company. This kicks off the negotiation process. The insurer will respond with a lowball offer, and we will negotiate back and forth, armed with the evidence to justify our valuation. Our firm has a nationwide reputation for results, and we leverage that reputation to negotiate aggressively on your behalf.
- Litigation (If Necessary). If the insurance company refuses to offer a fair settlement, the next step is to file a lawsuit. This does not mean your case will go to trial. In fact, most cases still settle before reaching a courtroom. However, filing a lawsuit shows the insurer we are serious and often prompts a more reasonable offer.
Is There an “Average” Pedestrian Accident Settlement in Texas?
While many people search for the average pedestrian accident settlement in Texas, the reality is that no such number exists. The value of a claim involving a broken leg that heals in three months is vastly different from a claim involving a permanent spinal injury requiring lifelong care.
Instead of focusing on an “average,” it’s more productive to focus on ensuring all your unique damages are accounted for. Our goal is to secure a settlement that covers every penny of your economic and non-economic losses, allowing you to focus on healing without financial worry.
Why You Need an Experienced Attorney for Your Settlement
Navigating the settlement process alone puts you at a significant disadvantage. Insurance adjusters are trained to minimize payouts and protect their company’s bottom line. They may try to get you to admit partial fault, downplay your injuries, or rush you into a low settlement before you know the full extent of your damages.
Having a dedicated legal advocate changes the dynamic. An attorney will:
- Handle all communications with the insurer
- Build a powerful, evidence-based claim
- Fight for the maximum compensation you deserve
With the right guidance from an experienced Houston pedestrian accident lawyer, you can level the playing field and focus on what matters most: your recovery.
Contact Joel A. Gordon & Associates Today
If you or a loved one has been injured, don’t face the insurance companies alone. At Joel A. Gordon & Associates, we have been fighting for the rights of injured Texans since 1993. Our amazing client reviews speak to our commitment to every person we represent.
We understand that accidents don’t happen on a 9-to-5 schedule, which is why we offer a 24/7 phone service. Call us anytime for a free, no-obligation consultation to discuss your case and learn how we can help you secure the settlement you deserve.