The impact pedestrian accident injuries have on victims’ lives is undeniable. In addition to the physical and emotional trauma of what you have been through, the financial burden of your injuries could be too much to bear.
Fortunately, when you fight to hold the liable party accountable, you can get justice. Contact an Estero pedestrian accident lawyer at Ged Lawyers to schedule a free consultation today.
Do You Have Grounds For a Pedestrian Accident Claim in Estero?
When you are not sure whether you have grounds for a pedestrian accident claim, it is important to consider the facts. You may not always know whether someone else is responsible for causing your injuries.
Your injuries also have affected your life in a number of ways. This could be financial, psychological, or physical in nature. However, if you walked away from the accident relatively unscathed with minimal damages, you may not have grounds for a claim.
Fortunately, speaking with a pedestrian accident lawyer about the details of your case is free. You can discuss your options for financial recovery further when you reach out to our pedestrian accident attorneys for a free consultation.
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How to Recover Maximum Compensation For Your Damages
There are several ways in which you can get the most out of your pedestrian accident claim in Estero. Generally, injury victims will seek compensation through the insurance company and in civil court. Here is more about each of these available options:
Insurance Claims for Pedestrian Accidents in Estero
Florida is a no-fault state for accidents and insurance purposes. This means you will file a claim with your own insurance company in the event of an accident. This is true no matter who is responsible for causing your injuries.
However, just because you are dealing with your own insurance company does not mean the insurance company will settle your claim fairly. Insurance companies lose money when they pay out on claims. For this reason, they employ entire teams of insurance adjusters who are responsible for picking through insurance claims and looking for reasons to deny them.
Furthermore, many people assume that insurance settlements are designed to cover a victim’s damages in full. However, this is not the case. Take a pedestrian accident caused by a distracted driver, for example. If that distracted driver only purchased the minimum amount of bodily injury liability coverage as required by Massachusetts law, you may find that your medical expenses exceed that limit.
If this happens, the insurance company is only required to cover the maximum amount of the policy. When insurance settlements do not adequately meet your needs, you may have the opportunity to bring your case to court.
Fighting for Maximum Compensation in Court
If the liable party is not represented by an insurance company, or if an insurance settlement does not adequately meet your needs, you will need to be prepared to file a lawsuit against the liable party. Fortunately, when someone else is to blame for your injuries, you can be compensated for every single loss. This is commonly referred to as “being made whole“.
You have the right to be compensated for economic damages and non-economic damages. Although compensation will not make up for what you have been through, when you are dealing with a significant financial burden, compensation could help ease that burden and set you up for a comfortable future.
With that in mind, some of the more common types of economic damages and non-economic damages awarded in pedestrian accident claims include:
- Medical expenses including future medical care, transportation costs, prescription medication fees, ambulance bills, hospital bills, cost of physical and occupational therapy, medical equipment expenses, and more
- Physical pain and suffering, mental anguish, diminished quality of life, and loss of companionship, love, support, protection, and advice
- Diminished earning potential including retirement contributions, wage increases, bonuses, and loss of current wages
- Costs of repairing or replacing any damaged property
It is also possible the court system could award you punitive damages for your suffering. Although punitive damages are not awarded often, they are issued when the judge finds the defendant’s behavior reprehensible, grossly negligent, or egregious.
You can think of punitive damages as a way for the civil courts to let the public know that they are taking this case seriously and will not allow future liable parties to get away with their negligence.
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Florida Shared Fault Laws
Florida is a pure comparative negligence state. If you are partially at fault for your pedestrian accident injuries because you failed to cross in a crosswalk, were distracted by your phone, or were not adhering to traffic laws, for example, you can still be compensated for your damages.
However, be ready to be held accountable for your own portion of fault. The courts will reduce your compensation by your percentage of liability. If you were found 10% responsible for your injuries, you can expect 10% to be deducted from your pedestrian accident settlement in Estero.
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How Long Do You Have to Pursue an Estero Pedestrian Accident Claim
The statute of limitations for personal injury and pedestrian accident claims in Florida is one of the most victim friendly limits in the country. You will have up to four years to get your claim filed before the statute of limitations expires per Florida Statutes § 95.11.
However, do not wait. Evidence used to prove liability in pedestrian accident claims is time sensitive. Failure to obtain this evidence could be devastating for your case. If you hope to avoid the statute of limitations negatively impacting your case, be sure to retain a legal representative as soon as possible following your accident.
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Call a Pedestrian Accident Lawyer in Estero for Help Today
If you are interested in learning more about how much your pedestrian accident insurance and civil claims are worth, contact an Estero pedestrian accident lawyer at Ged Lawyers for a free consultation.
We can help you hold the at-fault party accountable to the fullest extent of the law. Schedule your no-cost, risk-free consultation when you call our office or fill out our convenient contact form.
