Pedestrian Accident Attorneys West Palm Beach

If you can establish liability on the part of the driver or another party, you can seek damages for various losses, including medical expenses (current and future), lost wages, pain and suffering, emotional distress, loss of consortium, and punitive damages in cases of malicious intent or gross negligence. In fatal accidents, funeral costs can also be included in the damages sought.

A: In Florida, even if you were partially at fault for the accident, you still have the right to seek compensation as long as you can demonstrate liability on the part of the other party, typically the driver. Florida follows comparative negligence laws, which means that your percentage of fault will be deducted from the full value of your case. For example, if your injuries were worth $1000 and you were found 35% at fault, you would receive $650 in compensation.

Personal injury cases, including pedestrian accidents, are typically handled on a contingency fee basis. This means you pay nothing out of pocket, and the attorney’s fees are based on a percentage of the settlement or verdict. Contingent fees are regulated by the Florida Bar, ensuring consistency among attorneys. The primary goal is to obtain the maximum possible compensation for your injuries.

If the pedestrian has their own auto insurance policy or lives with a relative who has auto insurance, the policy may cover up to ten thousand dollars in medical bills. If this doesn’t apply, the victim can seek compensation from the at-fault driver’s insurance company through Personal Injury Protection (PIP) coverage. Once PIP is exhausted, the injured party may still have a claim against the at-fault driver for pain and suffering, out-of-pocket medical bills, and any expenses not covered by PIP. Private health insurance, Medicaid, or Medicare can also be used, but their coverage may be less than PIP.

The time it takes to settle a pedestrian accident case depends on factors such as the insurance coverage policy limits, the severity of the injuries, and the percentage of fault assigned to each party. If the driver is fully at fault and the injuries are severe, the insurance company may settle quickly. In cases with high policy limits but minor injuries requiring extended treatment, the process may take longer as treatment continues until reaching maximum medical benefit.

The tort threshold in Florida refers to the requirement that to recover non-economic damages (e.g., pain, suffering, mental anguish), the injured party must demonstrate significant and permanent loss of an important bodily function, permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death. The tort threshold does not apply to economic damages like medical bills and out-of-pocket expenses.

The statute of limitations for filing a personal injury claim in Florida, including pedestrian accidents, is generally four years from the date of the accident. However, it is crucial to consult with an attorney promptly to ensure all legal deadlines are met.

Several factors can impact the potential payout for your pedestrian accident injuries, including: