Pedestrian accidents are personal injuries that can cause significant injuries and lead to astronomical expenses. Death, paralysis, broken bones, and brain injuries are some potentially grievous results of pedestrian accidents.
Suppose you or your loved one was recently injured in a pedestrian accident involving a motor vehicle. In that case, you can discuss your legal options with a Fort Lauderdale pedestrian accident lawyer from our firm. We can review your case, explain how to proceed with your claim or lawsuit, and pursue compensation for you. The Law Offices of Anidjar & Levine is ready to hear from you now.
What Damages Can I Collect After a Pedestrian Accident in Fort Lauderdale?
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 must 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 due to 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
How a Lawyer Can Help With Your Fort Lauderdale 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. Please concentrate on improving while we care for everything else.
A Fort Lauderdale pedestrian accident attorney from our firm can manage your pedestrian accident case from start to finish, handling communications with insurers and other attorneys for you and taking care of everything else. Before we begin working on 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 from the date of an incident 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.
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. Suppose you suffered a long-term or permanent disability due to your incident. In that case, 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 a monetary value on such damages, but we have various methods to do so.
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.
How You Can Help Yourself After a Fort Lauderdale Pedestrian Accident
One of our firm’s pedestrian accident attorneys in Fort Lauderdale can do a lot for you and your case. However, there are certain things you can do to assist your attorney and benefit your case:
Get the Medical Care You Require
If you haven’t gotten medical attention yet, you should do this right away. Even if you feel fine, you may still have an injury that could worsen unless it’s treated quickly. For example, you may not have any symptoms of a concussion, but if you have one, it could worsen unless it’s treated.
Today, you may need further treatment for your injuries, like physical therapy. For the sake of your health, you should seek out any further treatment you need. Also, this treatment may reveal additional damages you can add to your claim.
Another reason to get medical care right away is that it may benefit your case. If you don’t get treated right away and your injuries worsen, the insurance company may claim they’re not responsible for these worsened injuries.
Gather Documents for Your Case
Your doctor and any other professionals you see can provide you with documentation that can serve as invaluable evidence for your claim. For example, your doctor can provide a written statement saying your injuries will prevent you from working for a certain period. Then, in your claim, you can request your lost earnings for this period.
Consider Hiring an Attorney from Our Firm
Something you should not do is discuss your case with the insurance company. They may try to diminish your case and your damages or deflect fault for the accident onto you. Instead of speaking with the insurer at all, please speak with our firm.
One of our attorneys can determine how strong your case is, what your damages are worth, and who’s at fault.
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 car accidents and pedestrian accidents. 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 further damages.
Determining liability and which insurer to file a claim with can be tricky. The other party’s insurance company might try to attribute part or all of the blame to 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, you can run your case by an attorney for advice.
What if I Was Partly at Fault for My Fort Lauderdale 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 a vehicle line 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 must 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
As per Florida’s comparative negligence rule, if the court or insurer deems you partly responsible for the accident, your degree of fault will limit your recovery. For example, if the insurer finds you to be 40 percent at fault, you can only recover 60 percent of your damages.
One of our firm’s Fort Lauderdale pedestrian accident lawyers can help protect you from any claims that you’re even partly responsible for your injuries. This may help ensure you recover the compensation you deserve.
Our Fort Lauderdale personal injury lawyer will 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.
How Prevalent Are Pedestrian Accidents in Fort Lauderdale?
Florida is one of the riskiest states in the nation regarding pedestrian safety, according to Smart Growth America’s Dangerous By Design 2022 report. Per the report, the state had 3.22 pedestrian deaths per 100k people between 2016 and 2020.
More than 6,500 pedestrians were killed nationwide in traffic accidents in 2020, 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 cell phone 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 Ft. Lauderdale pedestrian accident lawyers can recover compensation for any therapy or mental health counseling you may need after your accident.
Why Are There So Many Pedestrian Accidents in Fort Lauderdale, FL?
There are additional factors contributing to pedestrian accidents in Fort Lauderdale. For one, there are busy intersections. Some of them can be quite dangerous, such as Sunrise Boulevard and Andrews Avenue, NE 26th Street and Federal Highway (U.S. 1), and A1A and Las Olas.
Another factor is driver ignorance. Many drivers aren’t fully aware of local traffic laws, like the right of way.
You Can Rest Easy With Our Fort Lauderdale Pedestrian Accident Team 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 Fort Lauderdale pedestrian accident lawyers, read what our clients have to say about them. One of our car accident clients said the following:
“Rear-ended in February, 2017. From literally the day after the accident I have been in the extremely capable hands of this law firm…A year later and my case is wrapping up with a result that I am more than satisfied with. Their reputation is well deserved. Thanks, guys!” – Rudy D.
During your free case review, a member of our team will evaluate your situation and advise you on how to proceed.
Work With a Pedestrian Accident Lawyer 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; 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 Fort Lauderdale 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. Contact our office for a free consultation if you or a loved one was involved in a pedestrian accident.
We Can Help.