When you suffer injuries in a Florida pedestrian accident, you need to focus your full attention on treatment, healing, and your full recovery. However, you also need to act quickly to ensure you have the strongest case possible and secure the compensation you need to pay for your care. Working with an experienced pedestrian accident lawyer allows you to do both.
If you have serious injuries, hiring a pedestrian accident attorney can significantly increase your chances of receiving the compensation you deserve.
How Will a Pedestrian Accident Lawyer Help Me Secure Fair Compensation?
Under Florida law, you may have access to no-fault coverage after most types of traffic accidents. This could allow you to recover medical care costs and lost wages.
However, when injuries are more serious, an attorney can help you hold the at-fault driver accountable, determine the full extent of your damages, and negotiate a fair settlement or litigate your case.
In a Florida pedestrian accident with serious injuries, victims can seek and secure a wide variety of damages. This could include:
Economic Damages
Your economic damages are the tangible financial losses you incurred and will incur in the future.
They could include:
- Medical Expenses: This covers current and future medical bills related to the pedestrian accident, including hospital stays, surgeries, medication, rehabilitation, and any necessary medical equipment.
- Lost Income: This is compensation for income lost while you were unable to work during your injury recovery. This can include past wages and future earning capacity if the injuries affect your ability to work long-term.
- Property Damage: If any personal property was damaged in the accident, you may be compensated for the repair or replacement costs. Common examples include eyeglasses, clothing, and smartphones.
- Out-of-Pocket Expenses: This includes any additional costs directly related to the accident, such as transportation to and from medical appointments or the cost of hiring help for household chores.
Non-Economic Damages
Non-economic damages are more subjective and cover the emotional and psychological effects of pedestrian accident injuries.
They could include:
- Pain and Suffering: This includes compensation for physical pain and discomfort resulting from the injuries.
- Emotional Distress: This covers the psychological effects of the accident, such as anxiety, depression, or trauma.
- Loss of Enjoyment of Life: If the injuries affect your ability to enjoy daily activities, hobbies, or other aspects of life, you may be compensated for this loss.
An Attorney Will Understand Your Legal Options After a Florida Pedestrian Accident
Florida law requires all automobile drivers to carry Personal Injury Protection (PIP) insurance. This is a no-fault coverage. This means that, regardless of who is at fault, your initial medical expenses may be covered by your own insurance. These policies typically have a $10,000 maximum.
If you or anyone in your household carries a PIP policy, you will have coverage following a pedestrian accident. If this coverage is unavailable, you can turn to the driver who hit you and their PIP policy regardless of fault. These laws fall under Florida Statute § 627.736.
However, many pedestrian accident victims suffer serious injuries. If your injuries are severe, you may need to seek compensation beyond what PIP covers. This could involve filing a claim against the driver’s auto liability insurance. An attorney will navigate this process, negotiate with the insurance carriers, and fight for you to receive the compensation you deserve. If necessary, they can sue the at-fault driver and take the case to trial.
Navigating Florida Laws With Help From a Pedestrian Crash Lawyer
Florida has complex accident laws that are often hard for victims to understand and navigate, even when it is necessary to do so to secure the compensation they need to pay for their medical care and cover other losses. Some of the difficulties that often occur with traffic accidents beyond understanding the insurance coverage available include:
Determining Fault
Florida operates under a comparative negligence rule. If you are partially at fault for your injuries, your compensation could be reduced by your percentage of fault. Your attorney will investigate your pedestrian accident, gather evidence, and build a case to minimize your liability and maximize your compensation.
Meeting the Filing Deadline
Florida lawmakers recently reduced the time that victims have to file personal injury lawsuits. Under Florida Statutes § 95.11, you likely only have up to two years from the accident date to file a lawsuit based on your pedestrian accident injuries.
Your pedestrian accident attorney will ensure that all legal deadlines are met and that your case is filed properly.
Understanding Applicable Laws
Pedestrian accident laws can be complicated. They are often difficult to identify, interpret, and understand for victims. An attorney with experience in Florida’s legal system can help you understand your rights and options and how the laws could affect the outcome of your case.
Navigating the Legal Process Is Challenging for Pedestrian Accident Victims
Given the complexity of calculating and proving damages, especially with serious injuries, working with an experienced pedestrian accident attorney can be crucial in ensuring that you receive full and fair compensation.
Handling a pedestrian accident case on your own in Florida can be extremely challenging for several reasons. These include:
Complex Legal Process
Florida’s pedestrian accident laws are complex, especially with the state’s comparative negligence rules, insurance requirements, and statutes of limitations to consider. Navigating this process without experienced legal guidance can lead to costly mistakes, such as missing deadlines or improperly filing claims.
There are numerous procedural steps involved, from obtaining police reports and relevant medical records to negotiating with insurance companies. One must know how to collect evidence, build a case, and possibly prepare for court. Missing a necessary step or making a mistake could jeopardize your entire case.
Dealing With Insurance Companies
Insurance companies often employ aggressive tactics to minimize payouts. They may dispute your claim, downplay your injuries, or try to shift blame onto you. Without legal experience, it’s easy to be overwhelmed or frustrated or agree to a settlement far below what you deserve.
Negotiating a fair settlement requires an in-depth understanding of what your case is worth, including future medical care and support costs and non-economic damages like pain and suffering. Insurance adjusters may pressure you to accept a low offer, and without an attorney’s help, you may not know how to effectively continue the negotiations.
Gathering and Presenting Evidence
Building a strong case requires gathering and preserving evidence. This includes accident reports, witness statements, medical records, and expert testimony. A good lawyer can identify and obtain critical evidence.
To pursue compensation in a fault-based case, you must establish the other party’s negligence to recover damages. This could involve reconstructing the accident, analyzing traffic laws, and proving that the driver who hit you was responsible. A lawyer can make this process easier, especially when victims suffer catastrophic injuries and require ongoing or future care and support.
Calculating Damages
Accurately calculating your damages is crucial for ensuring fair compensation. This includes not only current medical bills and lost wages but also future medical expenses, loss of earning capacity, and non-economic damages. An attorney can assess these damages and calculate a fair settlement range.
Serious injuries may have long-term or permanent effects on your life. Without legal guidance, you might underestimate the future effects of your injuries and accept a settlement that doesn’t cover your long-term needs.
Legal Representation in Court
If your case goes to court, you must present compelling evidence, cross-examine witnesses, and navigate courtroom procedures. You will also face experienced defense attorneys who will use every legal tactic to undermine your case. This is one reason why you must hire an experienced attorney to represent you.
Cases involving serious injuries often require testimony from medical or accident reconstruction experts. Coordinating and presenting expert testimony in a way that strengthens your case requires legal knowledge and skill.
Emotional and Physical Strain
Dealing with the legal aspects of your case while recovering from serious injuries can be overwhelming. The physical and emotional strain can make it difficult to focus on your case, leading to poor decisions or missed opportunities.
The stress of handling your case, combined with the trauma from the accident, can affect your mental health, clear thinking, and ability to make sound decisions. An attorney can alleviate much of this burden by handling the legal case for you. You can focus on healing.
Maximizing Compensation
An experienced Florida pedestrian accident attorney knows how to maximize your compensation by fully understanding the value of your case, negotiating effectively, and taking your case to trial if necessary. Without this help, you may settle for far less than you deserve.
How Will a Florida Pedestrian Accident Lawyer Handle My Case?
Hiring an attorney to handle your Florida pedestrian accident case offers several unique benefits beyond just navigating the legal procedures and dealing with insurance companies. This includes:
Providing Strategic Legal Advice
Your attorney will develop a customized legal approach tailored to your specific circumstances to maximize your chances of a successful outcome. They can advise you on the best course of action at each stage of the process, whether it’s negotiating a settlement or pursuing litigation.
Access to Resources
Attorneys often have access to professional investigators who can gather crucial evidence, interview witnesses, and reconstruct the accident scene. These resources are critical in building a strong case.
Your attorney can also call on medical and financial experts who will provide testimony about the extent of your injuries and the financial effects on your life, strengthening your case.
Objectivity
Your attorney provides an objective perspective, helping you make decisions based on the facts rather than your emotions. This objectivity is crucial to your case’s success, especially when making tough decisions about settlements or going to trial.
With an attorney handling the legal aspects, you can focus on your physical and psychological recovery without the added stress of managing a complex legal case. This can lead to a better health outcome as you concentrate on healing.
Negotiation Power
The mere presence of an attorney can give you leverage in settlement negotiations. Insurance companies are much more likely to offer fair compensation when they know you have legal representation that can take the case to court if necessary.
Attorneys are familiar with similar cases and legal precedents that can influence your case. They can use this knowledge to argue for higher compensation based on prior outcomes in similar situations.
Contingency Fee Arrangement
Most personal injury attorneys in Florida represent clients on a contingency fee basis, meaning you don’t pay any attorney’s fees unless you win your case. This arrangement makes legal representation accessible without financial risk, allowing you to pursue your case without worrying about upfront costs.
Since the attorney’s payment is contingent on winning your case, they are highly motivated to secure the best possible outcome.
Courtroom Experience
If your pedestrian accident case goes to trial, having a knowledgeable attorney with courtroom experience is invaluable. They know how to present evidence, argue before a judge or jury, and handle the complexities of trial procedures. This gives you a better chance of success.
Court cases involve numerous formalities, from filing motions to adhering to procedural rules. An attorney ensures that you meet all legal requirements, avoiding potential issues that could harm your case.
Comprehensive Case Management
Your attorney will manage your case from start to finish, handling everything from evidence gathering to negotiating settlements and representing you in court. This comprehensive approach ensures that no detail is overlooked and that your case is presented in the strongest possible light.
Your Florida collision injury attorney will handle all communication with insurers, opposing legal counsel, and other involved parties. This ensures your rights are protected and that you are not pressured into making hasty decisions.
Discuss Your Florida Pedestrian Accident With Our Team Today
At Frankl Kominsky Injury Lawyers, we provide free consultations to accident victims and their families. We understand how Florida injury accident laws work and your compensation options. Let us review your case with you for free. We have Boynton Beach, Pompano Beach, and Port St. Lucie offices.
Contact us online or dial (561) 800-8000 to reach our team today.