The timeline of a pedestrian accident lawsuit begins when you decide to pursue damages for your medical bills, lost pay, and other losses. A lawyer with our firm can help you throughout this process.
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How long do you have to file a personal injury lawsuit?
Each state has a different statute of limitations for filing a lawsuit for a pedestrian accident or any other type of personal injury. This deadline allows victims the chance to seek compensation from the at-fault party.
In Florida, you have four years from the date you were injured in accordance with Florida Statutes §95.11(3)(a). This statute of limitations seems like plenty of time, but you should consider this: most personal injury lawsuits begin as insurance claims.
If you fail to adhere to this time restriction, the State of Florida might bar you from recovering damages. Our lawyers can keep this outcome from happening if you inform us about your case soon enough.
What you should know about insurance claims for a pedestrian accident
Many pedestrian accidents are resolved without stepping foot in a courtroom. A pedestrian accident attorney on our team can file your insurance claim for you and negotiate for appropriate compensation on your behalf.
However, insurance companies usually want to settle as cheaply and quickly as possible. This way works well for them, but not for you and your loved ones.
Process and procedures for a pedestrian accident lawsuit
One of our pedestrian accident attorneys can assess your case to determine if it fits the profile for a personal injury case:
- The other party owed you a duty of care to prevent harming you by taking the same prudent measures that another reasonable person would take.
- The other party breached this duty of care in some manner, either by acting carelessly or failing to act when appropriate.
- This breach of duty caused your physical injuries.
- You have financial and emotional damages from these bodily injuries.
Injuries and damages alone are not enough. You must show how the other party is responsible through evidence.
Collecting evidence to establish liability or wrongdoing
A large portion of the timeline of a pedestrian accident lawsuit is often devoted to gathering evidence of liability or wrongdoing. This task may be difficult for you to do on your own, which is why many injured pedestrians ask a lawyer that they trust for help.
Evidence in a pedestrian accident may include:
- Closed-circuit video footage
- Photos taken by witnesses
- Witness statements
- The police report
- Physical evidence such as skid marks
- Accident recreation that can identify driver’s acceleration, braking, and other actions
- Drug or alcohol tests
Depending on your accident, the evidence might show that there may be more than one defendant (at-fault party). For example, the driver’s employer may be held accountable for your damages if the driver injured you while in the course of his/her employment.
You may recover compensation even if you are not entirely blameless
Drivers have an obligation to take reasonable care to avoid harming pedestrians. When they do not, they can and should be held financially responsible for the damages that they caused.
Pedestrians also have a responsibility. However, you may still recover compensation even if you played a small role in the accident, such as jaywalking or crossing against the traffic light.
These situations are legal distinctions that one of our lawyers can advise you on and may make the difference in recovering damages.
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How a pedestrian accident lawsuit could lead to compensation
If the court decides that the other party is liable for your injuries and damages, you could be awarded compensation for accident-related losses, including:
- Past and future medical care: Covering medications, diagnostic assessments, and upcoming doctor’s appointments:
- Lost pay for the time you missed: Covering hourly wages, bonuses, and/or vacation time, among other benefits
- Future loss of income and/or benefits: The paychecks you’ll miss if you can’t return to work or forced to take a lower-paying job
- Pain and suffering: The pain your injuries cause you
- Diminished quality of life: If you can’t enjoy life as you did prior to the accident
If you lost a loved one in a pedestrian accident, you could recover damages, such as funeral and burial costs and loss of consortium and financial support, through a wrongful death lawsuit.
Get your free consultation with the Law Offices of Anidjar & Levine today
You can get an early start on the timeline of a pedestrian accident lawsuit if you call the Law Offices of Anidjar & Levine today for a free consultation. You owe us nothing unless and until we collect compensation for you.
Reach out to us today. The sooner you call, the sooner we can begin to pursue compensation on your behalf.