Florida consistently ranks high among states for the most pedestrian accidents annually. When a motor vehicle collides with a pedestrian, the person usually bears the brunt of the damage. If the driver’s negligence caused or contributed to the incident, the driver could be liable to pay for the losses the individual suffered.
Insurance companies often try to take advantage of people who suffer injuries in accidents but working with a trusted personal injury attorney could force them to negotiate in good faith. A Tavares pedestrian accident lawyer could manage your claim and ensure you get the help you need in this trying time.
Contacting a Tavares attorney as quickly as possible after the pedestrian-related injury is beneficial on several levels. Working with a professional could ensure the injured person knows their legal options and responsibilities, increasing the chances they will secure the compensation they deserve.
The negligent driver’s insurance company might offer a settlement immediately, sometimes before an accident survivor is discharged from the hospital. When the injured person has an attorney, the insurer must deal directly with the attorney. The injured person and their family can focus on healing, free from the stress of pressure from insurance companies.
Florida Statute § 95.11 establishes a time limit for an injured person to file a lawsuit seeking damages. An amendment to the law took effect March 24, 2023. If an accident happened before that date, the injured person has four years from the date of the accident to file a lawsuit. However, if the incident occurred on or after March 24, 2023, the injured person has only two years to file.
The severity of a pedestrian’s injuries depends on multiple factors, including their age and health, the size of the vehicle, and its speed. However, they rarely escape a collision with a motor vehicle without significant injuries, with some of the most common being:
Besides physical injuries, the psychological impact of a pedestrian accident could be severe. The victim might develop depression, anxiety, post-traumatic stress disorder, or other mental health conditions as a result of the accident.
If another party’s negligence caused the accident, that person is liable and most likely needs to pay compensation. A Tavares attorney could review medical records and speak with the injured pedestrian, their doctor, and family members to develop a complete understanding of the injuries’ impact on the survivor’s health and well-being. They could prepare a claim seeking adequate compensation for all their accident-related losses.
Florida law requires everyone registering a vehicle to provide proof of personal injury protection (PIP) insurance. This policy covers the policy owner and anyone in their household for medical costs and lost wages up to the policy limits. The minimum PIP is $10,000.
A driver’s PIP also could cover a pedestrian involved in an accident with the driver. However, because pedestrian accident injuries are often so severe, and medical costs are so high, PIP is rarely adequate to cover an injured pedestrian’s expenses.
A pedestrian with a serious injury, as the law defines it, could take the negligent driver to court and sue for damages including unreimbursed medical expenses, lost wages, reduced future earning capacity, pain, suffering, disability, scarring, and lost enjoyment of life. A Tavares attorney could determine whether a pedestrian’s injuries would be considered serious under the law and merit bringing a court action for damages.
We know that the recovery process after a major incident can be long and arduous. Working with The Umansky Law Firm to secure appropriate compensation could reduce your stress and lead to more generous settlement.
A Tavares pedestrian accident lawyer is well-versed in negotiating with insurance companies. Call today to put our skills to work for you.
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