Tennessee law allows you to seek compensation for the medical expenses, lost wages, pain and suffering, and property damage associated with your pedestrian accident. However, you’ll need to consult an attorney to determine how much your case might be worth.
Factors Affecting the Size of Your Accident Settlement
Some of the different factors that can impact your pedestrian accident settlement include:
Proof of Liability
If you can conclusively prove that the defendant is responsible for your injuries, you will be able to get a higher settlement. If your evidence is limited, the at-fault driver’s insurer may refuse to negotiate and take their chances at trial.
Proof of Causation
To have a winning pedestrian accident claim, you need to be able to prove that your injuries were caused by the accident and not by some other unrelated factor. Causation most often comes into play when you have pre-existing injuries, such as back or knee problems, that have been aggravated by the accident.
Documentation of Expenses
You must be able to thoroughly document all of your accident-related expenses to receive the maximum possible settlement. For anticipated future medical expenses and loss of future earning potential, expert testimony will be necessary.
Available Insurance
If the at-fault driver has insufficient insurance coverage, this will limit your settlement options. It does you no good to push for a judgment that is higher than what you can realistically expect to collect. You can attempt to collect from your own uninsured and underinsured motorist coverage, but the limits on these types of policies tend to be lower than what is needed for someone who has suffered serious pedestrian accident injuries.
