A lawyer can explain how to file a claim for a pedestrian accident, which involves a variety of steps. From gathering evidence of negligence to submitting paperwork, an attorney can handle your entire claim while you focus on your physical recovery.
You may begin seeking compensation through an insurance claim, and there’s a chance it will progress to litigation, especially if you suffered severe injuries. A Fort Lauderdale pedestrian accident lawyer can help you either way.
Filing an Insurance Claim for a Pedestrian Accident
The first step after a pedestrian accident is usually filing a claim with the at-fault driver’s insurance company. This process is more complicated than simply submitting some forms. There are specific procedures to follow to prevent potential claim denials or delays down the line.
A Fort Lauderdale personal injury lawyer can protect your rights by handling this insurance claim process properly, which includes:
Notifying the Insurers Promptly
There are strict deadlines for providing written notice of your intent to file a claim after a pedestrian accident. An attorney can handle communications with the liable party’s insurer and submit all the necessary documents.
Calculating Your Damages
You may have both current and ongoing accident-related losses, so it’s important to calculate them accurately. To do this, a lawyer:
- Obtains all medical records or bills documenting your injuries
- Gathers evidence of lost income and diminished earning capacity
- Consults experts to calculate future treatment costs and care needs
- Accounts for non-economic damages like pain and suffering
Substantiating Liability
An attorney collects all available evidence to build a strong liability case against the negligent driver, including:
- Police reports and witness statements
- Photos or videos of the accident scene
- Reconstruction of how the crash occurred
- Analysis of traffic laws violated
Settlement Negotiations
A lawyer will negotiate with the insurance company, arguing for a settlement amount that accurately accounts for your losses. If negotiations stall or the insurer acts in bad faith, an attorney will be prepared to take legal action.
Having a pedestrian accident attorney in Fort Lauderdale on your side from the very start puts you in a powerful position during the insurance claim process. An attorney protects you from insurer tactics aimed at minimizing payouts while doing everything possible to maximize your financial recovery through a settlement.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Filing a Pedestrian Accident Lawsuit
If the insurance company still refuses to offer a fair ]settlement after negotiations, your next course of action is to file a formal personal injury lawsuit against the liable party.
A pedestrian accident lawyer will draft and submit the complaint, beginning the litigation process before Florida’s two-year statute of limitations expires. Florida Statutes § 95.11 gives you only a short window to pursue your rightful compensation through the civil courts.
Once an attorney files a lawsuit, they engage in the pre-trial discovery process, exchanging evidence and documentation and questioning witnesses under oath. This process further strengthens the case.
Your Case May Settle Before Trial
At any point during this pre-trial litigation phase, the opportunity may arise to accept a settlement offer from the defendant’s insurance company. A lawyer always evaluates whether the proposed amount fairly compensates your losses.
Some insurers become more motivated to settle once they see a well-prepared case headed for trial. Others stubbornly deny appropriate liability until a judge or jury decides the matter. Your attorney will advise you, but the final decision to settle or proceed to trial is yours.
Going to Trial
Many people wonder if they will have to go to court for a pedestrian accident in Florida. If the defense remains unwilling to pay reasonable compensation, an attorney will be prepared to fight relentlessly for a verdict in your favor at trial. This involves:
- Selecting and preparing a jury
- Delivering opening and closing arguments
- Questioning witnesses
- Presenting evidence, expert testimony, and legal arguments
- Advocating for maximum damages to be awarded
Having an experienced litigator who does not shy away from taking cases to trial puts added pressure on the liable party to settle for appropriate financial recovery. Otherwise, it risks an even higher judgment at trial.
Whichever path your case ultimately takes, an attorney can exhaust every available legal avenue to maximize your chances of securing compensation.
Severe Pedestrian Accident Injuries May Warrant Legal Action From the Start
While attempting to resolve a pedestrian accident claim through the insurance process is typically the first step, there are certain situations where filing a personal injury lawsuit may be necessary right from the outset.
Taking legal action also allows you to seek additional damages an insurance claim would not yield.
Pedestrians struck by vehicles often sustain catastrophic, life-altering injuries like:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries/paralysis
- Crushed or amputated limbs
- Internal organ damage
- Permanent disfigurement
The medical costs alone for treating such severe trauma can quickly eclipse the minimum liability coverage carried by most auto insurance policies. And that’s not even accounting for future care needs, lost wages, disability accommodations, and profound pain and suffering.
Florida’s Injury Threshold Law
Under Florida Statutes § 627.737, pedestrian accident victims have the opportunity to seek non-economic damages, such as pain and suffering, when they:
- Suffer a permanent injury
- Incur significant and permanent disfigurement, scarring, or loss of a bodily function.
- Endure permanent injury within a reasonable degree of medical probability
For pedestrians struck by cars or trucks, these injury thresholds are commonly met given the force of impact involved and the types of catastrophic harm suffered.
Unlike insurance claims, which do not compensate you for non-economic losses, a personal injury lawsuit allows you to argue for these losses, as well.
Call The Schiller Kessler Group for Help Filing a Claim for a Pedestrian Accident
You deserve to rest and recuperate after an accident. A pedestrian accident lawyer in Fort Lauderdale, FL, from The Schiller Kessler Group, can handle your claim from start to finish. Whether or not it escalates to a lawsuit, our legal team will be there for you.
We have over 30 years of experience helping accident victims like you. Call us for a free consultation, and we can get started on your case immediately.
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