Do I Have to Go to Court for a Pedestrian Accident in Florida?

In addition to physical injuries, victims of pedestrian accidents often face emotional distress, medical bills, and other financial burdens. If you have been injured in a pedestrian accident in Florida, you may be wondering whether you will have to go to court to seek compensation for your injuries. In this guide, we will explore the factors determining whether a pedestrian accident case in Florida goes to court, what to expect if it does, and how a Florida pedestrian accident lawyer at The Schiller Kessler Group can help you navigate the legal process.

Understanding Pedestrian Accidents in Florida

Florida has one of the highest rates of pedestrian accidents in the United States. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, over 10,200 pedestrian accidents were reported in Florida in 2023. These accidents resulted in more than 8,000 injuries and hundreds of fatalities.

Pedestrian accidents can occur for a variety of reasons, including distracted driving, failure to yield, and driving under the influence of alcohol or drugs. Regardless of the cause, pedestrians are particularly vulnerable in motor vehicle accidents due to their lack of protection. These collision victims often suffer from severe injuries such as broken bones, traumatic brain injuries (TBIs), spinal cord injuries, and internal organ damage.

Florida’s Personal Injury Protection (PIP) Coverage

Florida is a no-fault car insurance state. This means that regardless of who caused your accident, your own automobile insurance requirements typically cover medical expenses and lost wages arising from your accident, up to the policy’s limits. PIP coverage is mandatory for all Florida drivers and applies to pedestrians injured in car accidents, offering some initial financial relief.

PIP coverage has limitations, however. Your medical bills can quickly surpass policy limits, especially for serious injuries. Additionally, PIP does not cover pain and suffering, emotional distress, or lost earning potential due to permanent disabilities.

If your accident resulted in significant injuries and the at-fault driver is evident, pursuing a personal injury claim against the driver’s insurance company might be necessary to recover these additional damages. In this case, you should consult with a pedestrian accident attorney in Florida. We can help you determine whether pursuing a legal claim is possible.

Resolving Your Pedestrian Accident Case without Going to Court

Most pedestrian accident claims in Florida are resolved outside of a courtroom. They are typically resolved through negotiations with the at-fault driver’s insurance company. Here is a breakdown of the typical process:

• Initial investigation: Your Florida pedestrian accident attorney will gather evidence, including the police report, medical records, witness statements, and any available traffic camera footage. We will establish the cause of your accident and determine the at-fault party.
• Demand letter: Once the investigation is complete, we will draft a demand letter outlining the details of your accident, the extent of your injuries, and a specific amount of compensation sought for medical expenses, lost wages, pain and suffering, and other damages.
• Negotiations: The demand letter is sent to the liable party’s insurance company, and their insurance adjuster will review the claim and offer a settlement amount. Negotiations may involve going back and forth with the adjuster until a mutually agreeable settlement is reached.

There are many advantages to settling your case outside of court. These benefits include faster resolution, reduced attorney fees and court costs, predictability, and the ability to maintain control of your case’s resolution. An experienced pedestrian accident lawyer in Florida can discuss whether it is beneficial for you to settle your pedestrian accident case outside of court.

When Going to Court for Your Pedestrian Accident May Be Necessary

While settlement is often the preferred outcome, there are situations when going to court becomes necessary. Your Florida personal injury lawyer may recommend filing a lawsuit. Reasons we may suggest filing a legal claim for recovery include:

• The severity of your injuries: Cases involving minor injuries that result in relatively low medical expenses are more likely to be resolved outside of court through negotiations with the insurance companies. The likelihood of going to court increases if your injuries are severe and require extensive medical treatment, rehabilitation, and ongoing care.
• Liability disputes: In some pedestrian accident cases, there may be disputes over liability, meaning it is unclear who was at fault for your accident. If the insurance company denies fault or coverage, a lawsuit can help establish liability and secure compensation.
• Insurance coverage: The availability and adequacy of insurance coverage can also influence whether your pedestrian accident case goes to court. If the property damages incurred exceed your insurance policy limits, then going to court may be necessary to seek additional compensation.
• Inadequate settlement offer: If the insurance company’s offer significantly undervalues your claim, litigation might be necessary to recover the fair compensation you deserve.
• Negotiation attempts: Your Florida personal injury attorney will typically try to negotiate a settlement through pre-trial mediation or settlement conferences. If negotiations are unsuccessful and there is no agreement on a fair settlement amount, your case may proceed to court.

What to Expect if Your Pedestrian Accident Case Goes to Court

If your case goes to court, it is essential to understand what to expect during the legal process of a personal injury claim. Our personal injury team will keep you informed throughout the process. Here is an overview of the typical court proceedings:

• Filing your lawsuit: We will file your claim for damages in the appropriate Florida court.
• The discovery phase: The parties will exchange information and evidence relevant to your case.
• Pre-trial motions: The parties will file motions to resolve legal issues or narrow the scope of your case before trial.
• Trial: The parties will present their arguments and evidence before a judge or jury.
• Verdict: After hearing the evidence and arguments, the judge or jury will render a verdict determining liability, which is when you will recover damages.
• Appeals: If either party is dissatisfied with the trial’s outcome, they may have the option to appeal the decision to a higher court.

We Can Help Get Your Pedestrian Accident Claim Resolved

Whether through negotiations or in court, The Schiller Kessler Group can help you fight for compensation for the damages you sustained in your Florida pedestrian accident. Contact us as soon as possible to schedule a free consultation with our personal injury team. Hiring our experienced pedestrian accident lawyers can significantly improve your chances of obtaining fair compensation for your injuries.