Unfortunately, whenever we step out of our homes, we are at the mercy of the actions of others. This includes people who are driving their cars, motorcycles, and bicycles. It is sadly common for pedestrians to be injured when another party acts in a negligent way. When this happens, an injured pedestrian has the right to demand compensation for their injuries.
A St. Augustine pedestrian accident lawyer may be able to help. They can work to investigate the facts that led to the accident, represent your interests in settlement negotiations, and argue your case in court before a jury. A personal injury lawyer’s goal is to get you the maximum compensation for your injuries with as little stress as possible.
How Pedestrians in St. Augustine Can Pursue a Case
Contrary to popular belief, not every collision between a pedestrian and a car is the driver’s fault. Every personal injury case that is based upon an accidental injury must be examined through the legal lens of negligence. To prevail in a negligence case, a plaintiff must prove three things:
- That the defendant owed them a duty to care for their wellbeing
- That the defendant breached this duty
- That the breach of the duty of care resulted in an injury
In addition to proving the elements of negligence, plaintiffs must also be sure to satisfy the statute of limitations. This is a law that controls when a plaintiff can ask a court to hear a case. Under Florida Statute §95.11, any civil case that alleges personal injury, such as those for pedestrian accidents, must be in court within four years of the date of injury. Claims filed outside of this time limit may be barred.
How an Accident May Affect a Pedestrian
Collisions between motor vehicles and pedestrians can have a devastating impact on an individual. At even low speeds, a collision can knock a person to the ground. This can result in severe cuts and scrapes as well as a concussion upon hitting the street.
More violent collisions can have a long-lasting impact on a person’s life. These accidents can cause serious damage to a person’s spine or brain, break bones, and separate joints. These injuries can affect not just their immediate health, but also their future wellbeing. A pedestrian accident claim should demand compensation for all these losses.
In addition, a proper pedestrian accident case will examine the total impact of the incident on the plaintiff’s life. This includes making inquiries into the plaintiff’s economic losses and reduction in ability to make a living. Also, the victim in the accident may be suffering intense pain and suffering. A St. Augustine pedestrian accident attorney can work with a victim to fully assess the compensable losses they suffered.
Talk to a Knowledgeable St. Augustine Pedestrian Accident Attorney
After a pedestrian accident, you may be facing mounting medical costs, be missing time at work, and be enduring intense mental anguish. All the while, the defendant’s insurance company may be trying to take official statements or force a quick settlement. This can combine to allow insurance companies to take advantage of you.
A St. Augustine pedestrian accident lawyer could help you pursue your rights under the law while protecting your case from aggressive insurance companies. Contact an attorney today to learn more about how they could help you.