When vehicles strike pedestrians, causing them harm because of carelessness behind the wheel, they are legally and financially responsible for the damages. The state’s civil court personal injury laws provide you with a process to collect compensation from the liable party.
However, the process and necessary steps are complex and intricate, and establishing fault requires building a solid case to prove driver negligence. Contact a compassionate and skilled attorney for more information regarding damages in Inverness pedestrian accidents.
The Potential Award for Damages
After the court determines the case established the defendant is liable for the damages, they may award compensation for the following:
Medical Care
Medical care includes the total cost of treating the injuries sustained in the collision. That includes hospital stays, doctor office visits, surgery, and ongoing medical procedures. Payment also covers prescriptions, equipment, medical devices, and home renovations if necessary.
Lost Wages
Lost wages include the time the person misses from work while at home to recover from their injuries. The settlement also covers lost benefits, such as insurance, and the future loss of earning capacity if they cannot return to their position because of a permanent disability.
Pain and Suffering
Compensation for pain and suffering includes physical, emotional, and psychological injuries, such as trauma, anxiety, or post-traumatic stress disorders. An attorney skilled at calculating damages from Inverness pedestrian accidents could help collect a fair award.
What Are the Elements of Negligence?
Proving fault in injury lawsuits requires showing the court that the elements of negligence exist. Everyone has a legal duty or responsibility to act reasonably and prevent actions that put others at risk of harm.
The case must show the defendant failed to act cautiously and reasonably and that their actions caused the plaintiff to suffer bodily harm and other losses. There must also be evidence of actual damages, such as medical records, hospital bills, or expert testimony.
Expiration Date for Filing the Claim
Pursuing damages for pedestrian accidents in Inverness requires filing the legal action in civil court within the time required by the statute of limitations. Per the deadline provided by Florida Statutes § 95.11(5), the claimant must prepare and file the case within two years of the date of the pedestrian accident. Some specific details, such as cases involving minors, may be eligible for extensions by the deadline.
However, missing the court-enforced expiration date would mean losing the legal right and ability to collect a settlement from the person responsible. Further, it is always in the injured party’s best interest to investigate, gather the evidence while still fresh and available, and file the suit promptly.
Modified Comparative Negligence
Florida civil laws follow a modified comparative negligence rule for shared fault cases. The court may determine the plaintiff shares liability for a crash.
When the jury finds the plaintiff shares part of the responsibility, they will not bar them from obtaining a settlement unless their part is over 50 percent. However, they will subtract their liability percentage from the damages award.
Speak to a Knowledgeable Attorney About Damages in Pedestrian Accidents in Inverness
When a motorist strikes someone on foot, the damages can be catastrophic, leaving them with severe physical, mental, and financial damages and losses. The cost of medical care, combined with losing the ability to work, can have devastating effects on your life and future. Holding the negligent party financially accountable is essential.
A settlement could cover your medical care, lost salary, and non-monetary damages, such as pain and suffering. Schedule a consultation with a diligent lawyer to review your case and learn more about damages in Inverness pedestrian accidents.
