Pedestrian Accident Lawyers Serving Greenacres

Pedestrian accidents can have devastating consequences, both physically and financially. Whether you're a pedestrian or the driver of a vehicle involved in an accident, it's crucial to understand the importance of pedestrian accident claims.

For pedestrians, filing a claim may help cover medical expenses resulting from injuries sustained during the accident. It can also provide financial support for lost wages due to missed work as a result of those injuries.

As for drivers involved in pedestrian accidents, inadequate insurance coverage could lead to significant out-of-pocket expenses if they are found liable for damages. Filing an insurance claim or seeking legal representation may offer protection against these costs.

Beyond the financial benefits, pursuing a pedestrian accident claim can serve as an opportunity to hold negligent parties accountable for their actions on the road. It promotes safer driving habits and helps prevent similar incidents from happening again.

How Long Do I Have to File a Pedestrian Accident Claim in Florida?

In Florida, the statute of limitations for filing a pedestrian accident claim is two years from the date of the accident. You have up to two years to file a lawsuit seeking compensation for your injuries and damages.

However, it's important to note that waiting too long can harm your case. Evidence may become harder to gather, or witnesses may forget key details over time. It's best to consult with an experienced pedestrian accident attorney as soon as possible after your accident.

Additionally, if the at-fault driver was working during the accident, such as a commercial truck driver or delivery driver, there may be shorter deadlines for filing a claim against their employer.

It's also worth noting that certain government entities have specific notice requirements before a lawsuit can be filed against them. For example, if you were hit by a city bus in Florida, you must provide written notice within six months of the date of injury.

It's crucial to speak with an attorney promptly following any pedestrian accident to understand all applicable deadlines and protect your rights.

What Evidence Should I Gather to Support My Pedestrian Accident Claim?

After a pedestrian accident, gathering evidence is crucial to support your claim. The more evidence you have, the stronger your case will be.

  • Firstly, gather contact information from witnesses who saw the accident occur. Witnesses can provide valuable statements and testify in court if necessary.
  • Secondly, take photos of injuries sustained and damage to personal property such as clothing or accessories. This visual evidence can help paint a clearer picture of what happened during the accident.
  • Thirdly, obtain copies of police reports and medical records related to the incident. These documents can provide additional details about what occurred and any injuries sustained.

Keep track of all expenses incurred due to the accident, including medical bills, lost wages, transportation costs, and other related expenses that can help quantify damages suffered.

Remember that thorough documentation is key in building a solid pedestrian accident claim case!

How Can I Prove That the Driver Was at Fault in the Pedestrian Accident?

In a pedestrian accident case, proving fault is crucial to the success of your claim. To prove that the driver was at fault, you need to gather evidence that shows their negligence or recklessness caused the accident.

One critical piece of evidence is eyewitness testimony. If witnesses were present during the accident, obtain their contact information and statements about what they saw. Eyewitness accounts can be powerful evidence in establishing who was at fault.

Another important factor is traffic laws. If the driver violated traffic laws leading up to the accident, such as speeding or running a red light, this can help establish their liability for damages.

Police reports are also valuable pieces of evidence in determining fault. Ensure you get a copy of the police report filed after your accident, as it will document details like weather conditions and road layout while providing an objective account of what happened.

Photographic and video evidence can provide significant support in demonstrating who was responsible for causing injuries or damage resulting from an incident involving pedestrians and vehicles on Florida's roads.

What Types of Damages Can I Claim in My Pedestrian Accident Case?

You may be entitled to compensation for various damages if you've been involved in a pedestrian accident. These can include both economic and non-economic losses.

Economic damages refer to the tangible financial losses that result from the accident, such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are less tangible and more subjective losses like pain and suffering or emotional distress.

Some common types of economic damages that can be claimed in a pedestrian accident case include:

  • Medical expenses include all costs associated with your medical treatment following the accident.
  • Lost wages: If your injuries prevent you from working or cause you to miss work time while recovering, you may be able to claim lost earnings.
  • Property damage: If any personal property was damaged in the accident (e.g., clothing), it can also be included in your claim.
  • Non-economic damages may include:
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment of life.

It's important to note that every case is unique, so the specific types of damages available will depend on individual circumstances. A qualified attorney experienced in handling pedestrian accident claims will guide you through this process.

How Do I Calculate the Value of My Pedestrian Accident Claim?

Calculating the value of a pedestrian accident claim can be challenging, as several factors need to be considered. Firstly, you will need to consider any medical expenses resulting from your injuries and any future treatments or rehabilitation you may require. This includes hospital bills, medication costs, physical therapy sessions, etc.

You should also factor in any lost wages due to time off work and any potential loss of future earning capacity if your injuries have left you unable to work. Additionally, pain and suffering damages may also be included in your claim, which takes into account the emotional distress caused by the accident.

It is important to keep track of all documentation relating to these expenses, including receipts for medical bills and proof of income before the accident occurred. Hiring an experienced attorney can help ensure that all relevant information is considered when calculating your claim's value so that you receive fair compensation for your losses.

What if the Driver Is Uninsured or Underinsured? Can I Still Pursue a Claim?

Being involved in a pedestrian accident can be an incredibly traumatic experience. It's even worse if the driver who hit you is uninsured or underinsured. However, just because they don't have insurance doesn't mean they're out of options.

Firstly, it's important to understand what uninsured and underinsured mean. Uninsured means the driver has no insurance, while underinsured means their insurance policy isn't enough to cover all your damages.

In these situations, you may still be able to pursue a claim through your auto insurance policy. Depending on your coverage, there may be provisions for accidents where the other driver is uninsured or underinsured.

Legal avenues can still help you recover compensation from the at-fault driver if this isn't an option. You could file a lawsuit against them to recoup your losses.

Do I Need to Hire an Attorney to File a Pedestrian Accident Claim in Florida?

If you've been involved in a pedestrian accident, seeking the advice and representation of an experienced attorney is crucial. While hiring an attorney is not mandatory, doing so can help ensure that your rights are protected and that you receive fair compensation for your injuries.

An attorney who specializes in personal injury law will be able to guide you through the complicated legal process of filing a claim. They'll investigate your case's details, gather evidence, negotiate with insurance companies on your behalf, and represent you in court if necessary.

Attempting to navigate this process alone can be daunting and overwhelming. Insurance companies often have teams of lawyers working against individuals who file claims without proper legal representation. Hiring an experienced attorney levels the playing field by providing sound legal advice and representation throughout every step of the process.

Many personal injury attorneys offer free consultations to discuss your case before any fees are incurred. It's important to find an attorney with experience handling pedestrian accident cases, as they will understand the unique circumstances involved in these accidents.

How Long Does the Pedestrian Accident Claims Process Typically Take in Florida?

The pedestrian accident claims process in Florida can vary greatly depending on the circumstances of each case. Some cases may settle quickly, while others may take longer to resolve.

In general, the length of the claims process will depend on several factors, including the extent of your injuries and damages, the complexity of your case, and whether or not liability is clear.

If either party contests liability or if there are disputes regarding damages or insurance coverage, this can significantly prolong the claims process. Additionally, if you require ongoing medical treatment for your injuries before reaching maximum medical improvement (MMI), it's best to wait until you have reached MMI before settling your claim.

It's important to remember that each case is unique, and there is no set timeline for resolving a pedestrian accident claim in Florida. However, an experienced personal injury attorney can help guide you through the process and work towards achieving a favorable outcome as efficiently as possible.

Can I Receive Compensation for My Pain and Suffering Resulting from the Accident?

If you have been involved in a pedestrian accident, it is important to understand that you may be entitled to compensation for your pain and suffering resulting from the accident. Pain and suffering refer to physical pain, emotional distress, and mental anguish experienced as a result of the accident.

Several factors must be considered to determine the amount of compensation for pain and suffering you may receive. These include the severity of your injuries, how long they will affect your life, and their impact on your ability to work or perform daily activities.

In many cases, insurance companies will try to downplay or deny claims for pain and suffering compensation. They may argue that these damages are not quantifiable or exaggerated. However, with an experienced pedestrian accident lawyer, you can fight back against this unfair treatment.

Your lawyer can gather evidence, such as medical reports documenting the extent of your injuries and their impact on your quality of life. They can also use expert witnesses like psychologists or therapists who can testify about any emotional trauma resulting from the accident.

Are There Any Limitations on the Amount of Compensation I Can Receive in a Pedestrian Accident Claim?

When it comes to pedestrian accident claims, one of the most common questions people ask is whether there are any limitations on the compensation they can receive. The answer to this question is not straightforward and depends on several factors.

Firstly, the extent of your injuries and damages will significantly determine how much compensation you may be entitled to. This includes medical expenses, lost wages, pain and suffering.

Secondly, Florida has specific laws regarding personal injury claims that may impact your case's outcome. For example, there are caps on non-economic damages for medical malpractice cases but not for other personal injury cases.

Insurance coverage limits will also come into play when determining how much compensation you can receive. If the at-fault driver only has minimum coverage amounts or is uninsured altogether, this could limit the potential recovery in your case.

Given your unique circumstances, it's best to consult with an experienced pedestrian accident attorney who can help determine what compensation you may be eligible for.

Will My Own Insurance Company Cover My Losses in a Pedestrian Accident Claim?

After being involved in a pedestrian accident, you may wonder if your insurance company will cover your losses. The answer to this question depends on the type of insurance coverage you have.

If you have Personal Injury Protection (PIP) coverage as part of your auto insurance policy, it can provide some coverage for medical expenses and lost wages regardless of who is at fault for the accident. However, PIP typically has a limit on the amount of benefits that can be claimed.

Additionally, if you have uninsured/underinsured motorist (UM) coverage as part of your auto insurance policy and the driver who caused the pedestrian accident does not have sufficient insurance or is uninsured, then UM coverage can help cover additional damages such as pain and suffering.

It's important to review your insurance policy closely to understand what types of coverage are available to protect yourself in case of an unforeseen event like a pedestrian accident. If you're unsure about what type of coverage applies or how much compensation you may be entitled to receive from your own insurance company after a pedestrian accident claim, consider speaking with an experienced personal injury lawyer who can help guide you through this process.

Can I Still Pursue a Claim? Can I Pursue a Pedestrian Accident Claim if the Driver Fled the Scene?

Being involved in a pedestrian accident can be a traumatic experience. It becomes even more frustrating when the driver flees the accident scene without providing contact or insurance information.

However, if you have been injured in a hit-and-run incident as a pedestrian, you may still be able to pursue a compensation claim. One option would be to seek coverage from your insurance company under your uninsured motorist policy.

If you do not have an uninsured motorist policy, Florida law allows victims of hit-and-run accidents to file claims with the state's Bureau of Motorist Compliance. This requires that certain criteria are met, such as obtaining witness statements and filing an official police report within ten days of the accident.

It's important to note that pursuing a claim in this scenario can become complicated and time-consuming due to legal procedures and paperwork requirements. That is why it is vital to seek help from experienced attorneys who can guide you through every step of the process and protect your rights effectively.

What Steps Should I Take Immediately After a Pedestrian Accident to Protect My Claim?

Being involved in a pedestrian accident can be overwhelming and traumatic. However, taking certain steps immediately after the incident is important to protect your claim and ensure that you receive fair compensation for your damages.

First, seek medical attention immediately, even if you feel no pain or injuries. Some injuries may take time to develop symptoms, and delaying medical treatment could compromise your health and weaken your claim.

Next, gather as much evidence as possible from the accident scene, such as photos of the damaged vehicle(s), witness contact details, and other relevant information that could strengthen your case.

You must also report the incident to law enforcement authorities, who will create an official police report documenting all necessary details about the accident, including driver's license number, plate numbers, etc.

Be sure to exchange contact information with anyone else involved in the accident. This includes names, phone numbers, addresses, insurance policy numbers, etc.

Avoid accepting fault or signing anything until speaking with an experienced personal injury attorney who can guide you through this process effectively while protecting your best interests throughout every step of this journey.

Contact Frankl Kominsky Pedestrian Accident Lawyers Serving Greenacres

If you or a loved one has been injured in a pedestrian accident, knowing your rights and options for pursuing compensation is important. The experienced attorneys at Frankl Kominsky are here to help guide you through the process and fight for the justice you deserve.

Our team of skilled lawyers has decades of experience handling pedestrian accident claims in Florida. We understand how devastating these accidents can be and will work tirelessly to ensure you receive fair compensation for your losses.

Contact us today at (561) 800-8000 to schedule a free consultation with one of our knowledgeable attorneys. We are available 24/7 to answer any questions you may have about your case. Let us help you get back on your feet after a pedestrian accident.

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