When a vehicle strikes someone on foot, it often leaves them with severe injuries because they are much more vulnerable compared to the driver or passengers. When a crash occurs due to a negligent driver, personal injury laws allow you to seek compensation for the harm and losses you have suffered.
State insurance laws follow a no-fault system, meaning that you may initially rely on your Personal Injury Protection to help with your medical expenses and other losses. However, if that coverage is not enough, you could pursue additional compensation from the responsible party. Our skilled attorneys could help you learn more about damages in Tallahassee pedestrian accidents.
What Types of Damages Are Available?
An insurance provider or civil court calculates your monetary losses based on factors such as the severity of your injuries, the medical care you required, your lost income, and your pain and suffering. The laws encourage parties to attempt to reach a settlement outside of court. However, if that is not possible, you may need to file a lawsuit and allow the court to award a settlement for your losses.
Economic Damages
The first type is economic damages, which cover your actual financial losses directly resulting from your injuries caused by negligence. These include medical expenses such as emergency room visits, surgery, therapy, prescriptions, and ongoing treatment. Lost wages and reduced earning capacity while you recover are also included, as well as rehabilitation costs such as physical therapy and assistive devices.
Non-Economic Damages
Non-economic damages are the intangible losses that affect your quality of life. These include physical pain and suffering, as well as emotional distress such as post-traumatic stress and anxiety disorders. You may also be able to recover for the loss of enjoyment of life if you can no longer participate in hobbies and other activities you once enjoyed. Additionally, the court may compensate you for permanent scarring, disfigurement, and disabilities related to the incident.
If you were struck by a vehicle while traveling by foot in Tallahassee, our personal injury lawyers could help you maximize your chances of recovering all the compensation you deserve.
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Impact of Comparative Negligence
If your case involves shared fault, state civil laws follow a comparative negligence system. This could mean other third parties share part of the liability, or that you may be partly at fault. Under Florida Statutes § 768.81, the court considers the negligence of each party involved in the collision and the injuries you sustained.
Next, the court allocates fault as a percentage among all liable parties and enters judgment based on each person’s share of responsibility. As long as your percentage of fault is less than that of the other party, you could still obtain a settlement from them for their percentage of liability. However, if the court finds that you are mostly at fault for the incident and your resulting injuries, your case may be dismissed, and you would be unable to recover compensation.
The Deadline for Filing
Most cases resulting from negligence in the state have a two-year statute of limitations, and missing this deadline could mean losing your opportunity to hold the other party financially responsible. Our Tallahassee attorneys could answer all your questions regarding compensation after being hit by a driver while on foot and handle the complex legal work to ensure compliance with state regulations.
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If a Vehicle Hit You While Walking in Tallahassee, Call Us Today To Recover Your Losses
If a motorist’s negligence causes you or someone you love serious harm, you have every right to expect them to pay for your losses. While most cases can be resolved through insurance providers, some situations require mediation or court action.
Our lawyers are experienced in pursuing claims for damages in Tallahassee pedestrian accidents. We could guide you through the process and help you obtain the maximum amount of compensation you are entitled to. Contact our office today to schedule an appointment, and we could review your case and explore your options.
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