Do I need a pedestrian accident attorney? Working with a pedestrian accident attorney allows you to focus fully on your physical recovery. A lawyer can determine your options for compensation, gather support for your claim, and negotiate a fair settlement. If there is any issue, they can take additional action to recover compensation.
Hiring an attorney does not have to be a difficult decision. Most provide free case consultations, so collision victims can learn more about their options. For more information, reach out to a Vero Beach pedestrian accident lawyer.
How a Pedestrian Accident Lawyer Helps Victims With Their Claims
When a pedestrian accident lawyer handles a victim’s insurance claim or lawsuit, it allows the claimant to focus on their treatment, recovery, and quality of life. Insurance claims after a significant injury often become all-consuming. Yet, when you have a lawyer managing it for you, you receive regular updates and answers to your questions. You don’t have to manage the claims process alone.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 47 pedestrian accidents and four deaths in the area in 2021. Statewide, there were 9,565 pedestrian vs. car collisions and 831 deaths. While law enforcement and safety agencies look into steps that could dramatically reduce this number across the state, there is also justice for those already hurt.
Having a pedestrian accident lawyer helps victims build a solid claim to recover money for the expenses, losses, and pain they experienced.
Financial Recovery Options After a Florida Pedestrian Accident
Florida’s car insurance laws are complex. Unlike many other states, drivers do not have to carry bodily injury liability insurance. Instead, according to the FLHSMV, Florida drivers must have at least $10,000 in no-fault, personal injury protection insurance. This covers the cost of their own basic injuries and losses after a crash. This is often enough when two vehicles collide.
However, when a car hits a pedestrian, the pedestrian is more likely to have extensive injuries and need trauma care. Catastrophic injuries are possible——and $10,000 in coverage may not cover a fraction of their necessary care costs.
When determining options following a pedestrian accident, issues could include:
- The pedestrian does not have a personal injury protection policy.
- The driver does not have bodily injury liability insurance.
- The victim’s insurance company may not want to pay.
An attorney knows how to deal with these concerns and pursue compensation for the victim. In many cases, when an insurer sees that an injured claimant has a lawyer, it offers fair compensation. Sometimes, however, resolving a case takes a tailor-made legal strategy.
Let a Pedestrian Accident Attorney Handle Your Vero Beach Injury Case
Sometimes, an accident victim must sue the at-fault driver or otherwise pursue compensation from them. This is common when severe injuries, the cost of treatment, lost income, and other related expenses exceed the $10,000 no-fault policy requirement.
To hold the at-fault driver legally accountable, your attorney must show that the driver’s negligence led to the crash.
There are four necessary elements:
- Duty of care. The other party had a civic duty to drive carefully.
- Breach of duty. The other party violated this obligation.
- Causation. The other party caused the collision.
- Damages. You have collision-related damages stemming from the crash.
A pedestrian accident lawyer knows how to demonstrate these four elements in pedestrian injury cases. They use the evidence they collect to show the insurer, judge, jury, or other invested parties what happened and who is liable. They can often recover compensation for their clients through insurance claims or civil lawsuits in civil court.
A Pedestrian Accident Lawyer Can Seek These Damages
By partnering with an injury lawyer, you hand your case’s obligations to a professional.
Their ultimate goal is to seek financial recovery for your injury-related losses, which may constitute:
- Healthcare expenses
- Lost income and other job-related benefits
- Loss of future earning capacity
- Any property damage in the collision
- Scarring and disfigurement
- Wrongful death-related expenses, such as funeral and burial costs
An attorney can ensure that your claim accounts for each of your injury-related losses.
How Long Do I Have to Act After a Pedestrian Accident in Florida?
Generally, accident victims should act to recover damages as soon as their injuries allow. For some, this could be a few days. For others, a few weeks or months could pass. If your loved one suffered catastrophic injuries, you can contact a pedestrian accident attorney to discuss your family’s options.
The sooner an attorney looks at a collision case, the better. Some evidence washes away the first time it rains, and some evidence disappears when the trucks tow the car from the scene. Witnesses forget details, local businesses record over surveillance footage, and there is less proof of negligence and liability as time passes. Acting as soon as possible helps protect your right to financial recovery because you can build a strong case.
You Generally Have Four Years to File an Injury Lawsuit
Another reason you need to act quickly is that there is a deadline for suing the at-fault driver under Florida law. If your attorney recommends suing the at-fault driver, you could have up to four years to do so. Exceptions exist. However, you shouldn’t make any assumptions about your case’s filing deadline. In our opinion, a case is more likely to be dismissed if filed outside the four-year deadline.
You Can Start a Free Case Evaluation Today
If you or a loved one suffered injuries in a pedestrian accident, consider discussing your legal options with an attorney. These insurance claims are often more complex than victims realize. They are time-consuming, frustrating, and stressful. An attorney knows how to build a case, navigate the claims process, and recover money for their clients.
Many personal injury law firms provide free case reviews. Speak with a pedestrian accident lawyer for free today and learn more about your next steps toward compensation. A Vero Beach personal injury lawyer can offer advice, guidance, and advocacy for you.