Pedestrian accidents can cause significant injuries and result in astronomical bills and expenses. Death, paralysis, broken bones, and brain injuries are just some of the potentially grievous results of pedestrian accidents.
If you or your loved one was recently injured in a pedestrian accident involving a motor vehicle, call our firm to discuss your legal options with a pedestrian accident lawyer in Fort Lauderdale. We can review your case, explain how to proceed with your claim or lawsuit, and pursue compensation. The Law Offices of Anidjar & Levine is ready to hear from you now.
What Types of Damages Can I Collect?
Your personal injury protection (PIP) coverage will likely cover 80 percent of your medical bills and 60 percent of your lost wages up to the policy’s limit (which might be as low as $10,000). However, to recover other losses, such as pain and suffering, you would have to pursue those losses through a third-party claim or lawsuit.
To succeed with your claim or lawsuit, you would need to be able to show the at-fault driver’s insurer or a court that the driver’s negligence caused the accident.
Recoverable Economic and Non-Economic Damages
Economic damages are monetary expenses from your accident. These can be proven with documentation. They include:
- Medical expenses
- Lost wages
- Lost or reduced earning ability
- Property damage costs
- Other accident-related expenses
Non-economic damages are losses that do not have inherent dollar amounts. Such damages include:
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Emotional and psychological trauma
- Loss of consortium
Wrongful Death-Related Damages You May Be Able to Recover
If your loved one passed away in a pedestrian accident, you could obtain compensation for:
- Medical expenses your loved one incurred before their passing
- Funeral and burial/cremation expenses
- Loss of financial support and services
- Loss of parental companionship, instruction, and guidance
- Loss of spousal companionship and protection
- Mental pain and suffering
For a free legal consultation with a pedestrian accidents lawyer serving Fort Lauderdale, 800-747-3733
How a Lawyer Can Help Your Pedestrian Accident Case
We realize recovering from an injury takes time and that your focus is on healing, not taking care of a legal matter. This is where we come in. We want you to concentrate on getting better while we take care of everything else.
We can manage your pedestrian accident case from start to finish, handling communications with insurers and other attorneys for you. Before we begin your case, we will advise you of your legal options and next steps, letting you know up front what your case involves.
We Will File Your Case Within the Statute of Limitations
If you file a lawsuit against the at-fault driver in your case, we will file your lawsuit on time and in accordance with the deadlines outlined in Florida Statutes § 95.11. You generally have four years to file an injury lawsuit.
We can also examine whether any exceptions under Florida Statutes § 95.051 give you more time to file a lawsuit. For instance, if the at-fault driver fled the accident scene, the statute of limitations would not start until they’re located.
We’ll Investigate Your Case for You
When we begin work on your case, we’ll look into your situation and find any evidence that supports your story. There may be ample evidence for your case, such as the report the authorities made after the incident, traffic camera footage of the incident, photos of the accident scene, and your medical documentation.
To bolster your case, we can call on witnesses and experts to provide corroborating statements. For example, we could hire a medical professional or an accident reconstructionist to provide additional evidence and a statement. If there were any witnesses to your accident, we can ask them if they have any cell phone footage or if they’d be willing to provide testimony in court.
We Can Determine Your Case’s Value
One of our pedestrian accident attorneys can total your damages and assess your case’s value so you’ll know how much you could receive. If you’ve suffered a long-term or permanent disability due to your incident, we can talk to medical and financial experts to calculate your future damages, so you can get the compensation you need to manage your condition.
Additionally, we can evaluate your non-economic damages, like your pain and suffering. It may seem impossible to place monetary values on such damages, but we have various methods to determine what you need.
We Can Negotiate with Insurance Companies for You
Insurers are known for offering low initial settlements. Because we will know what your case is worth, we can fight for a settlement that reflects your losses.
You could take on the insurer on your own, but our attorneys know how to handle insurance companies and the many tactics they use to reject claims or stall negotiations. If we are unable to reach a settlement in your favor, we are prepared to go to court to fight for the financial recovery you deserve.
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What Options for Recovery Do I Have as an Injured Pedestrian?
One of the first steps to take after a pedestrian accident is to determine what insurance and legal options you have. Florida is a no-fault state, so the majority of the time, accident victims simply file a claim with their own insurers.
Pedestrian accidents are somewhat unique, though. You might have several avenues of action available:
- PIP: PIP coverage is insurance required by every registered driver in Florida, and it pays for a portion of your medical bills. It will cover damages for injuries in pedestrian accidents, too. With your PIP coverage, you can file a claim with your insurer, irrespective of fault.
- The at-fault driver: If the driver was at fault for the accident, you may be able to file a claim and recover compensation under their insurance policy.
- Liability lawsuit: If the at-fault party does not have sufficient insurance to cover your losses, you can file a civil suit in court to seek damages.
Determining liability and which insurer to file a claim with for a pedestrian accident can be tricky. The other party’s insurance company might try to apportion part or all of the blame onto you to deflect liability, or it may attempt to minimize the severity of your injuries.
Before taking any legal action or making any official recorded statements to the insurance adjuster, run your case by an attorney for advice.
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What If I Was Partly at Fault for My Pedestrian Accident?
It is not always drivers who are totally at fault for pedestrian accidents. Pedestrians may be partly responsible, too, such as if they walk while texting, run across the street without looking carefully, or stumble into the line of a vehicle because they are intoxicated.
While drivers have a duty of care to drive safely and protect pedestrians and other road users from harm, pedestrians also have a duty to protect themselves by staying vigilant. If you breach this duty and contribute to an accident, the driver’s insurer or a court might find you liable.
The Comparative Negligence Rule in Florida
If the court or insurer deems you partly responsible for the accident, your degree of fault will limit your recovery, as per Florida’s comparative negligence rule. For example, if the insurer finds you to be 40 percent at fault, you will only be able to recover 60 percent of your damages.
One of our firm’s lawyers can help protect you from any claims that you’re even partly responsible for your injuries. This will help ensure you recover the compensation you deserve.
Your lawyer will also help you establish the other party’s responsibility. Establishing responsibility requires showing the other party’s negligence, which involves showing that because they acted carelessly, you were injured and deserve damages.
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How Prevalent Are Pedestrian Accidents?
Florida is the riskiest state in the nation when it comes to pedestrian safety, according to Smart Growth America’s Dangerous By Design 2021 report. Per the report, the state had nearly 5,900 pedestrian deaths between 2010 and 2019. During that same period, the number of pedestrians struck and killed by drivers in the U.S. went up 45 percent.
More than 6,200 pedestrians were killed in traffic accidents in 2019, according to the National Highway Traffic Safety Administration (NHTSA). Various factors contribute to the risk of pedestrian accidents, such as:
- A lack of safe pedestrian walkways and crosswalks
- Congestion and overpopulation
- Driver and pedestrian distraction (such as cellphone use)
Extensive injuries affecting the entire body, head, neck, or face can result from pedestrian accidents. Other injuries include:
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Soft tissue injuries (like bruises, sprains, strains, and burns)
Pedestrian accident victims can also suffer mental and emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These effects could last far longer than some physical injuries. One of our lawyers can recover compensation for any therapy or mental health counseling you need after your accident.
You Can Rest Easy Knowing That Our Law Firm’s on Your Side
Our attorneys have been helping people like you since 2006. We take on personal injury cases, including pedestrian accident cases, and we’ve successfully settled or litigated many of them.
We stand for individuals and their families, not companies and their insurers. When you become our client, we’ll stand and fight for you, and you won’t pay us anything unless we win.
Additionally, as our client, you’ll:
- Be able to focus on your recovery and your family while we focus on legal and financial matters
- Get help with scheduling any appointments
- Get your attorney’s phone number for direct access
- Receive frequent updates as your case progresses
- Be able to rest assured your case is in capable hands
Learn More About Us
To learn more about our attorneys, read what our clients have to say about them. Alternatively, come see us for a free case review. During your case review, a member of our team will evaluate your situation and advise you on how to proceed.
Get a Free Consult with a Pedestrian Accident Lawyer’s Office in Fort Lauderdale
If you were in a pedestrian accident, you must first get the medical care you need. Not all injuries are visible after an accident, and some can take days or weeks to surface. Once you’re ready, the Law Offices of Anidjar & Levine is here for you.
One of our personal injury lawyers can answer all of your questions about filing a claim and pursuing compensation. Our lawyers charge legal fees on a contingency-fee basis, which means we do not charge you unless we win your case.
One of our Fort Lauderdale pedestrian accident attorneys is ready to help you. If you or a loved one was involved in a pedestrian accident, contact our office for a free consultation.
We want to put our knowledge, experience, and resources to work for you.SPEAK TO AN ATTORNEY NOW