Walking around Tallahassee is an excellent opportunity to enjoy the great Florida weather, get fresh air, exercise, and save money on gas or other forms of transportation. Whether you are walking to commute to and from work, errands, or simply for pleasure, it is essential always to be aware of the fact that drivers may not be paying attention to the road or pedestrian rights’ of way, meaning that it is important to stay defensive and vigilant at all times. Unfortunately, pedestrians must stay completely aware of their surroundings to avoid being hurt or killed in an accident, even as they obey the rules and use pedestrian infrastructures such as crosswalks, crossing lights, footbridges, and more.
If you or a loved one has been hurt or killed in a pedestrian accident in Tallahassee that someone else caused due to negligence, recklessness, or even malicious behavior, you may be entitled to compensation through a personal injury claim or lawsuit. Typically, these accidents are handled through an insurance claim through the at-fault party’s liability insurance. Many people mistakenly believe that they will not benefit from an attorney’s support unless they file a lawsuit with the Florida courts. The truth is that most personal injury claims are settled before a lawsuit is ever filed, let alone taken to trial, meaning that the sooner an experienced pedestrian lawyer represents you, the better your chances are of receiving a fair and comprehensive settlement.
Contact 1-800-Injured To Find a Pedestrian Attorney in Tallahassee Today
1-800-Injured is an attorney and medical referral service. If you or a loved one has been hurt in an accident as a pedestrian, we can connect you with a lawyer who is ready to take your case. Trying to take on the extra stress and anxiety of reaching out to law firms, waiting to hear back, scheduling consultations, and hoping that the attorney is willing to work with you, we make this step simple and schedule a free consultation on your behalf.
During your free consultation, you will have the opportunity to go through the details of your situation, such as the events leading up to the accident, the nature of the crash itself, the injuries you or your loved one have sustained, and the impacts these injuries have had on your life so far. Once the attorney understands the situation, they will be able to provide you with legal advice and an explanation of the services they can provide to you through this process. Simply knowing that someone can help and that you are not alone can be an enormous relief. Getting answers to your questions can help alleviate significant stress that comes with uncertainty about your future.
Read below to get a better idea of how a personal injury claim after a pedestrian accident works, and contact 1-800-Injured as soon as possible to get the support you deserve.
The Basics of a Pedestrian Accident Insurance Claim
After any type of accident, there are a few steps before a victim can start thinking about compensation. First, the matter of fault must be resolved — or at least the basics must be established, and your attorney will be able to hammer out the details as you move forward. Florida uses a rule known as “pure comparative fault” when assigning fault and liability for personal injury cases, which allows for a victim to assume a portion of the fault and still be entitled to seek compensation for their damages. Once fault is addressed, the next step is to calculate damages. Once these initial calculations are completed, your attorney will submit a demand letter, and negotiations will begin when the insurance company returns with a counter-offer or refusal.
Determining Fault
Fault can be determined through various factors, including eyewitness testimony, your account of the accident, the driver’s admission of fault, surveillance tapes, accident reports, and more. Some cases may be extremely straightforward, while others may require more in-depth investigation and pulling evidence from more sources. You and your attorney will be able to discuss the requirements to address fault in your accident together.
Under pure comparative fault, you can accept a percentage of blame (for instance, you may have been wearing dark clothing at night that made it difficult for the driver to see you) and still be eligible for compensation. Your final award will be reduced proportionately to the percentage of fault you assume. While this rule is beneficial in that it won’t bar a victim from compensation if they are partially at fault, insurance companies will use it to their advantage to reduce their financial liability as much as possible.
Calculating Damages
Damages include both economic and non-economic impacts of an accident. Economic damages have set measurable dollar values associated with them, such as medical bills and lost wages. Many economic damages are easily overlooked without the help of a lawyer.
Non-economic damages pertain to more “abstract” or subjective impacts, such as the actual pain and suffering that a victim endures after an accident. Non-economic damages are more difficult to calculate, but an experienced attorney can reach a fair and accurate calculator before fighting for a settlement you deserve.
Submitting a Demand Letter
Once your attorney has identified and calculated the many damages you have suffered, they will submit a demand letter requesting this amount in settlement to the insurer. It is highly unlikely that the insurer will agree to this initial calculation since their goal is to settle claims for as little as possible. This initial letter will set a baseline for the negotiation process that is likely to follow.
Settlement Negotiations
Negotiations may be resolved in a matter of days or could be drawn out for months — or even years. Your attorney will be able to help you understand your situation and maintain leverage in a situation where insurance companies hope to settle quickly as a claimant is overwhelmed by their debts and mounting medical bills.
Your attorney will help you understand your financial options and identify ways to hold out until you get the money you deserve.
Settling or Filing a Lawsuit
Florida has a statute of limitations on personal injury cases. If you are approaching this cutoff, then you and your attorney may need to decide whether you will file a lawsuit or accept the best settlement offer the insurer has made up to this point. Many different factors go into this decision, and so you and your attorney will have to go through the pros and cons of each decision before moving forward.
Fortunately, your pedestrian accident lawyer will have all of the relevant information about your situation and will be prepared to help you make the best decision.