Pedestrian Accident Lawyers in Clearwater

What Kinds of Damages Are Available to Pedestrian Accident Victims?

Generally, pedestrian accident victims are entitled to compensation for their economic and non-economic damages related to their injuries.

Economic Damages

Economic damages make up for your financial losses after the accident and include:

• Current and future medical expenses to treat your injuries
• Lost wages for the time you missed work during your recovery
• Diminished earning capacity if you can no longer perform the same job
• Property Damage

You can typically prove these damages with documentation such as receipts or paystubs. Expert testimony may be required to prove your future losses connected to your injuries.

Non-Economic Damages

Non-economic damages compensate for personal, non-financial losses caused by your accident, including:

• Pain and suffering
• Emotional distress
• Disfigurement or scarring
• Inconvenience or embarrassment
• Loss of enjoyment of life

These damages do not have a clear financial value and are therefore harder to prove. However, they can make up a substantial portion of your damage claim. Survivors of a fatal accident victim may be entitled to different damages through a wrongful death claim.

Our pedestrian accident lawyers use specialized methods to determine how much compensation you deserve for your losses. We often work with Tampa Bay’s leading medical and economic experts for help. We don’t leave anything on the table as we pursue the money you deserve after your accident.

Can I Recover Compensation if I’m Being Blamed for a Pedestrian Accident in Florida?

You can potentially still recover damages even if you are partially at fault for an accident. In fact, Florida’s modified comparative fault law allows you to pursue compensation even unless you were mostly at fault for your accident. However, these rules reduce your compensation to account for your share of blame.

How does this work? Say you have $100,000 in damages after your pedestrian accident. However, a jury finds you were 30% responsible for your accident for walking outside of the crosswalk. In this case, you can only recover $70,000 (70% of your damages), given your percentage of responsibility. And if you were found to be 51% or more responsible instead, you’d be barred from recovering damages.

At-fault parties and their insurers try to use this rule to limit their payouts. Our Clearwater pedestrian accident attorneys don’t let them get away with it. Contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers today if you’re being blamed for your accident.

We’ll Fight to Recover Compensation for All Your Pedestrian Accident Injuries

Pedestrians tend to suffer severe injuries when a car strikes them. This is because they absorb the full force of a vehicle’s steel frame with nothing to protect their bodies. That’s why pedestrian injuries are often catastrophic.

Common pedestrian accident injuries include:

• Broken bones
• Spinal cord injuries
• Head and neck injuries
• Traumatic brain injuries
• Disfigurement
• Lacerations
• Injuries to internal organs
• Wrongful death

We can’t undo the pain and difficulties your injuries may cause you. However, we pursue maximum compensation for each one of your injuries. This compensation can get you the treatment you need and help you move forward with your life.

What Causes Most Pedestrian Accidents?

Some pedestrian accidents occur due to distracted or negligent pedestrians. However, pedestrians are often injured as a result of others’ negligence. 

Common causes of pedestrian accidents, car accidents, and auto accidents include:

• Distracted driving
• Intoxicated driving
• Failure to yield the right of way
• Speeding
• Failure to obey traffic signals
• Drowsy driving
• Driving without headlights on in dark conditions

Sometimes, pedestrian accidents even result from the negligence of parties not directly involved in said accidents. For example, you might be injured if a driver’s brakes fail. The party that overlooked the defect that caused the brake failure would technically be liable in these circumstances.

It’s not always easy to determine who’s responsible for compensating you after an accident. The dedicated professionals at our personal injury firm will identify all liable parties and hold them responsible for every cent of your damages.

How Do I Prove Negligence After a Pedestrian Accident?

To recover compensation after an accident, you must prove that another party was negligent. 

To prove negligence, you must show:

• The at-fault party owed you a duty of care
• The party breached their duty of care
• The breach caused your injuries
• You suffered damages

Drivers owe others a duty of care to drive responsibly and obey traffic laws. If a driver hit you due to negligence, we know how to prove it.

We’ll show the defendant was negligent by evidence such as:

• Dash cam or video surveillance footage
• Police reports and citations
• Your medical records
• Eyewitness testimony
• Expert testimony from accident reconstructionists, medical experts, or economic specialists

Our law offices will leverage their six decades of experience to get you the money you deserve after an accident. Don’t leave your claim up to chance. 

How Long Do I Have to File a Lawsuit After a Pedestrian Accident?

You don’t have an unlimited amount of time to file your pedestrian accident lawsuit. Florida’s statute of limitations for most personal injury lawsuits was recently changed. You’ll generally have four years to submit your claim if your accident happened on or before 3/23/2023, and two years if it took place after that date.

These deadlines are harsh. If you miss them, you’ll waive your rights to compensation. These time limits could be longer or shorter if the injury victim was a child or you are suing a government entity.

Our experienced personal injury attorneys will monitor all filing deadlines in your case. We won’t let you lose your right to compensation due to a technicality. Contact us today to learn more.

Contact Our Clearwater Pedestrian Accident Lawyers for a Free Consultation

You deserve effective representation if you’ve been injured in an accident resulting from someone else’s negligence. Don’t shoulder the burden of an injury claim alone. Our Clearwater pedestrian accident lawyers are standing by to help.

Contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at (727) 591-3354 today to schedule a free consultation with our award-winning legal team. We serve all of Tampa Bay, including Clearwater, St. Petersburg, New Port Richey, and Tampa.