You were walking down the sidewalk when a box truck came out of nowhere and struck you from behind. Now, you are in the hospital facing significant pain and recuperating from devastating injuries. Finally out of the ICU, the doctors say there’s a long road ahead. You have multiple broken bones and a skull fracture. Returning to work isn’t an option until you feel better. Understandably, you want someone to pay for this grievous act, but you aren’t sure if there are any insurance monies to claim. You need legal help, but you’ve got too much to process for the moment.
Why You Need Aggressive Aventura Pedestrian Accident Lawyers
If you’ve been hurt in a pedestrian accident, you deserve to find justice under Florida law. If you’re ready to hire legal experts, please call our Aventura office for information about your legal rights and how to pursue a claim against the defendant.
Our Experience With Pedestrian Accident Claims
There are many scenarios in which pedestrians walk down the street and become victims of other people on the road. Sometimes, the accident is tragic and involves injuries to young children, the disabled, or the elderly. Consider the audacity of a hit-and-run driver who leaves the injured child with a broken arm at the accident scene only to be caught later due to brave witnesses contacting law enforcement. You could be walking along and hit by someone under any of these scenarios (and we’ve seen many more):
- Distracted driving or texting while driving.
- Failing to yield to pedestrians in the crosswalk.
- Disobeying traffic signals.
- Ignoring signs of traffic problems/distressed vehicles/work zones.
- Failing to signal or yield when turning.
- Disregarding weather (i.e. wet roads) or emergency traffic conditions (tire on the road).
- Driving while impaired by alcohol or drugs.
When hit by a defendant driver, trying to resolve your case alone places you and your spouse at the mercy of the defendant’s insurance company. We’ve collected evidence against defendant drivers and vehicle owners to prepare many pedestrian accident claims in the past here in Aventura. It could take years to win your case, but we’re in it for the duration.
Every Case Has Unique Circumstances
We want you to seek justice, but we also know every case has its own circumstances that make it essential to investigate who was at fault and, if applicable, whether the pedestrian was partly responsible. In the state of Florida, personal injury victims with a pedestrian injury claim have the burden of proof that their injuries resulted in permanent damage, disfigurement, or death in order to recover for medical bills, lost wages, pain, and suffering. At a minimum, we review the accident report, talk to you and any witnesses as well as investigating officers, and determine what occurred on the date of the accident. Numerous factors, including whether you should have been able to avoid the accident and whether you and/or the defendant were impaired in any way, could affect your claim. We must verify any applicable insurance policies (and their limits per person and per accident) from which you might attempt a recovery.
How to Obtain Damages in Florida’s Civil Courts
Under present Florida statutes of limitations, injured pedestrians may pursue a tort claim up to four years after the accident date. However, if you pursue a settlement or file a lawsuit against the defendants, do it long before that date arrives. Don’t try to settle the claim alone. When interviewing attorneys, remember they cannot promise that you’ll win the case or obtain a specific amount of damages. As licensed members of the Florida Bar, we’re not ethically permitted to make promises. We do work diligently on each client’s behalf to obtain damages based on their injuries.
Typical Damages in Pedestrian Accident Claims
Insurance companies are in the business to pay out little or no money per claim. However, they use actuarial charts to determine how much your claim might be worth. They also want to avoid going to trial or having to hire insurance defense attorneys. These conditions will make your claim more expensive to settle overall. Insurance companies want to avoid being held responsible for your attorney’s legal expenses. They may make an offer at any time, but you please review it with an attorney before signing anything. Once you sign a release and accept a settlement check, you could lose the right to make future claims. We can help you evaluate your claim based on documented injuries and help you to obtain sworn medical testimony that these were caused by the pedestrian accident.
Pedestrians are most at the greatest risk of injury by a defendant driver because they don’t have a helmet or other protective gear to lessen the impact with a moving vehicle. We see these typical injuries in pedestrian accident claims:
- Bone fractures
- Loss of limbs
- Head, neck, and spinal cord injuries
- Soft tissue damage
- Partial to full loss of major bodily functions
- Loss of senses
- Reduced brain function
- Poor quality of life
- Inability to work
Who Bears Liability for a Pedestrian Accident?
There are many reasons why you might have contributed to the accident, especially if you were wearing headphones, walking home after drinking at a bar, or failed to look both ways before crossing the street. Without witnesses, either side could make a case for who was more responsible. What’s more, the insurance company’s lawyers could go to trial and attempt to show that you should have prevented the accident. If they succeeded, this would reduce any claim you might make for damages. We want to help you when you get your day in court.
What Damages Could a Pedestrian Accident Lawsuit Recover?
Before attempting to contact the insurance company and/or to present a settlement demand letter, we review all of your case-related medical expenses and the impact on your earnings. We also have to ensure that you have completed medical treatment and reached your maximum medical improvement (which is determined by your treating doctors).
Types of Damages
- Medical bills (including hospital, surgery, rehabilitation, ambulance, massage therapy, chiropractic, pain management)
- Lost wages
- Loss of future earnings
- Pain and suffering
- Transportation costs to and from medical appointments
- Cremation/burial services
What Ways Do Those Liable Try to Get out of Paying Their Fair Share?
While walking down the street or the sidewalk, you could be hit by anyone or anything. Sometimes, the at-fault party in a pedestrian accident case works for a government agency or, worse, you are working when you get struck down. If either occurs, the insurance companies involved will try to limit your damages. in Florida, there are legislative limits on what you could recover from a government agency. If you’re hurt on the job, your employer’s worker’s comp must cover your medical bills and lost wages. Remember, any insurance adjuster will attempt to avoid accepting liability. You need legal representation to ensure the defendants in your case will pay their fair share of the claim.
How Much Does a Pedestrian Rights Lawyer Cost Me?
As an injured pedestrian, don’t postpone taking advantage of the free legal consultation offered by personal injury attorneys. We’re here to help you review the facts in your individual case. Sibley Dolman Accident Injury Lawyers, LLP handles all pedestrian claims on a contingency fee basis, which means that our fees and costs will be deducted from any settlement. Hold the defendants responsible for finding out if you have a personal injury claim that meets the Florida legal requirements. Call us today at (954) 302-7068 or write to us online for more details!
Sibley Dolman Accident Injury Lawyers, LLP
PERSONAL INJURY LAWYERS
20807 Biscayne Boulevard Suite 100,
Aventura, FL 33180
What Our Clients Have to Say:
“So happy I chose Sibley Dolman!!! My experience with the law firm right from the start was fast, friendly and understanding. I started treatment for my injury right away, and while I was focusing on getting better the firm was fighting for me. Incredibly happy with the outcome, thank you to Brent and the team for all the hard work and updates.”
Rating: 5/5 ⭐⭐⭐⭐⭐
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