Suffering injuries in a pedestrian accident can be disastrous. You often face with expensive medical bills, the inability to work, and confusion as to who is responsible for these costs.
Florida’s Pedestrian Accident Laws
An injury lawyer in Miami Gardens, FL can guide you through the legal process and help you get the compensation that you deserve.
Help With Florida’s No-Fault Laws
Florida’s no-fault laws can be complex. The team at the Law Offices of Anidjar & Levine will explain how Florida’s no-fault laws affect you and the circumstances of your claim, and how a pedestrian accident lawyer in Miami Gardens, FL can help. Call us today at 1-800-747-3733.
How Does No-Fault Coverage Work for You?
After your accident, you file with your own personal injury protection policy coverage. This policy covers the following costs:
- A portion of your medical costs
- A portion of your lost wages
Recovering Compensation from a Third-Party
It is possible that your medical costs and damages will exceed the maximum $10,000 coverage that your no-fault insurance provides. If you are still left with expensive medical costs and the inability to work, it may be possible to seek compensation from the at-fault party.
In a third-party claim, it is necessary to establish the following four elements of personal injury:
- Duty of Care: Determine that the driver owed you a legal duty of care to drive safely.
- Breach of Duty: Establish that the driver behaved negligently and breached the duty of care.
- Causation: Show that the breach of duty caused the accident.
- Actual Damages: Prove that you suffered damages because of the pedestrian accident.
Breach of duty often results from negligence. Examples of negligence include:
- Distracted driving
- Driving under the influence
- Improper vehicle repairs
- Improper maintenance of public roads
- Failing to follow traffic laws and road signs
We do not need to establish fault for a no-fault insurance claim. However, if we determine that a third-party lawsuit is necessary, we will need to establish fault.
It is also important to keep in mind that Florida is a pure comparative negligence state. It is possible that both the driver and the pedestrian are partially at fault. Florida expects pedestrians to follow street signs and laws too. The court will reduce each party’s compensation amount by the percentage that they are at fault.
Statute of Limitations
Florida requires that you file your pedestrian accident lawsuit within four years from the date of the accident. Otherwise, the court could dismiss your case and you lose your eligibility to seek compensation. It is important to discuss your case with a pedestrian accident lawyer as soon as possible: 1-800-747-3733.
Benefits of Working With a Pedestrian Accident Lawyer in Miami Gardens, FL
The details of your pedestrian accident case are very important in determining the appropriate legal steps to take. During the complimentary consultation, we will gather important details about your case. This is also a great time for you to ask any questions you might have about the legal process.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733 to schedule a free consultation.
Help With PIP Claims
In most cases, the first step in seeking compensation following a pedestrian accident is to file a personal injury protection (PIP) claim. Our car accident lawyers can walk you through the process and assist with collecting and filing the necessary documentation to ensure that you get the compensation that you deserve.
Recover Compensation from a Third-Party
Our pedestrian accident lawyers are ready to take your case to court if necessary. We will assist you in collecting the necessary documentation to determine fault.
A third-party case against the at-fault party may recover compensation beyond that recoverable in a PIP claim. Some of the damages for which you may recover compensation include:
- Medical bills (current and future)
- Lost wages (current and future)
- Permanent disability
- Pain and suffering
- Emotional distress
Your Miami Gardens pedestrian accident attorney can help you build a case that gets you the compensation you need.
Handle All Settlement Offers
Settlement offers are common in car accident cases. By assisting you in calculating the damages suffered, we can evaluate each settlement offer. If the settlement amount does not cover your losses, we are prepared to take your case to trial.
See How a Pedestrian Accident Lawyer in Miami Gardens, FL Can Help You
It is important to work with a pedestrian lawyer that is familiar with Florida’s laws and that has your best interests in mind. Our team of pedestrian accident lawyers in Miami Gardens, FL is ready to fight for the compensation that you deserve.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today.
We Can Help.