Walking in Orlando can be a very pleasant experience, given the beautiful weather, ample sidewalks (in certain areas), and more. That said, there are many situations where a pedestrian can be injured while traveling, especially while crossing roads or walking near automobile roads or bike lanes. If you have been injured as a pedestrian in Orlando, it is important that you work with an attorney who understands the complexity of these cases and can make sense of the situation before determining the most appropriate course of action to get you the money you deserve.
Hire an Experienced Orlando Pedestrian Accident Attorney Today
The team at Fasig | Brooks is available as soon as possible to help you get the legal support that you rightfully deserve. Contact us now to request a free consultation. During your consultation, you will be able to speak with an experienced legal professional about the situation that led to your accident, the injuries that you have sustained, the impacts that your accident has had on your life, and more. In addition, we will be able to give you legal advice based on our experience about how you should proceed with your case, and how we can help.
We look forward to working with you and giving you the legal support that you deserve. Read more below to get a better idea of how an insurance claim works as a pedestrian, how damages are calculated in these types of personal injury cases, and more.
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Filing an Insurance Claim After a Pedestrian Accident in Orlando
The following information is intended to give you a general idea of the steps to take after you are hurt in a pedestrian accident. However, your situation will vary based on the unique factors present in your life and your circumstances. In order to make sure that you are taking all of the appropriate steps, hiring an attorney as soon as possible is the most prudent decision you could make.
Gathering Information
Once you have addressed your immediate medical concerns, the next step in the process is to file a claim with the driver’s insurance company so that they can assign an adjuster to your case. The insurance adjuster will go through all of the relevant details of the accident, such as who was involved, the injuries that you sustained, whether or not there were any traffic citations or arrests made and more. In order to provide the insurance adjuster with the best information, you should make sure that the police arrive at the scene and complete an accident report. In addition, getting the contact information of any eyewitnesses can be equally helpful.
Undergoing an Independent Medical Exam
You will likely need to submit to an independent medical examination that the insurance company requests so that they can verify the injuries that you have endured and ensure that they are connected with the accident that their client caused. If you are working with an attorney, they will be able to advise you of what you can do or say during the exam that will not negatively impact your chances of a favorable outcome to your case.
Negotiating Your Settlement
Once the claims adjuster completes all of their work, they will make a suggestion to their boss, the insurance company, about how much to offer you for a settlement. It is important that you are aware of the fact that the insurance company is not going to offer you an amount that you actually deserve, but will instead offer an amount that they hope will eliminate any future legal issues for the least amount of money.
Once they have made their initial offer, your attorney will initiate a series of negotiations to hopefully reach a settlement agreement that fairly compensates you for your damages while avoiding a lawsuit. If these negotiations fail, then your attorney will be prepared to file a lawsuit and represent you through a trial in the Florida courts to get you the money that you rightfully deserve.
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Calculating The Damages Owed in a Pedestrian Accident
As personal injury cases go, a pedestrian accident is not treated much differently than any other case. Damages are divided into economic and non-economic compensatory damages, which are each intended to address specific issues and amounts under the settlement. In addition to compensatory damages, a judge or jury may award punitive damages in certain cases, but these damages will not factor into the amount that your attorney will calculate. The damages that you and your attorney will calculate are as follows:
Economic Damages
Economic damages are the core of any personal injury case. They include all of the measurable financial damages that a victim suffers, including both expenses and losses. All medical costs associated with the accident, such as ambulance rides, surgery, treatment, rehabilitation, physical therapy, assistive devices, prescriptions, copayments and more are included in these damages.
In addition, all income-related losses are included in these damages, including time missed from work, as well as any paid time off of vacation time that the victim had to use in order to cover the time that they had to miss work. If the victim suffers from long-term injuries that impact their ability to earn the same wage as before the injuries, they may be eligible for additional compensation in the form of disability, diminished earning capacity, and job training.
Non-Economic Damages
Non-economic damages account for the “intangible” impacts of an injury, such as things like pain and suffering and other emotional issues. Since these types of damages are difficult to calculate or quantify in terms of economic amounts, they are often more contested during settlement negotiations. Although they are more difficult to calculate, they are equally important following an injury and deserve to be compensated fairly.
There are a variety of methods to determine the dollar amount of non-economic damages that a victim deserves following an injury, and we will work with you to identify the most comprehensive method to present a clear, fair calculation for your accident.
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