What to Expect During a Florida Pedestrian Accident Lawsuit: FAQs

Being involved in a pedestrian accident can be a frightening and confusing experience. If you have been injured in such an accident in Florida, you may find yourself overwhelmed with questions about what happens next. Lawsuits related to pedestrian accidents can feel complicated, especially if this is your first time dealing with legal matters. In Florida, the process of filing a lawsuit after a pedestrian accident follows specific steps, and it is important to understand what you can expect. The more informed you are, the more confident you will feel as you navigate your case. In this guide, we will walk through some of the most frequently asked questions about pedestrian accident lawsuits in Florida, giving you a clearer picture of what to expect during the process. At, The Guzman Firm, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case

What is the First Step After a Pedestrian Accident in Florida?

After a pedestrian accident, the first thing you should focus on is your health. Seeking immediate medical attention is critical, even if you think your injuries are minor. Some injuries may not show symptoms right away, and a doctor will be able to provide a full evaluation of your condition. Getting prompt medical care also creates a record of your injuries, which can be important later if you decide to pursue a lawsuit. Once you have received medical attention, it is important to gather as much information as you can about the accident. This can include getting the contact details of the driver involved, taking photos of the accident scene, and collecting any witness statements. If law enforcement is involved, they will create a police report, which can also be a valuable document to have. After gathering information, it is a good idea to consult with a personal injury attorney who can help you understand your legal rights and guide you through the process of filing a claim or lawsuit. 

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

Florida has specific rules about how long you have to file a lawsuit after a pedestrian accident. This time limit is known as the statute of limitations. In most cases involving pedestrian accidents, you have four years from the date of the accident to file a lawsuit. However, if the accident resulted in the wrongful death of a loved one, the time frame is reduced to two years. It is important to keep these deadlines in mind because if you miss the window to file your claim, you may lose your right to seek compensation altogether. Even though it might feel like you have plenty of time, it is always a good idea to consult with an attorney sooner rather than later. This gives your legal team more time to investigate the accident, gather evidence, and build a strong case on your behalf.

What Types of Compensation Can I Receive in a Pedestrian Accident Lawsuit?

If you have been injured in a pedestrian accident, you may be entitled to receive compensation, also known as damages, for your losses. The compensation you may be able to recover can fall into a few different categories. First, there are medical expenses, which include the cost of hospital visits, surgeries, medications, and any ongoing rehabilitation or therapy. If your injuries prevent you from working, you may also be able to recover lost wages for the time you were unable to earn income. In addition to these economic damages, you may also be able to receive compensation for non-economic losses, such as pain and suffering or emotional distress. In cases where the driver acted recklessly, you might even be able to pursue punitive damages, which are designed to punish the wrongdoer for their behavior. Your attorney will be able to assess the specific circumstances of your case and give you a clearer idea of the types of compensation you might expect.

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Will My Pedestrian Accident Case Go to Trial?

Not all pedestrian accident cases go to trial. In fact, many personal injury cases are resolved through settlements before reaching the courtroom. A settlement is an agreement between both parties, where the injured person agrees to accept a certain amount of money in exchange for dropping the lawsuit. Settlements can be beneficial because they allow both sides to avoid the time and expense of a lengthy trial. However, if the two sides cannot agree on a fair settlement, the case may proceed to trial. If your case goes to trial, a judge or jury will hear the evidence and decide the outcome. Going to trial can be more unpredictable, but it may also be necessary to get the full compensation you deserve. Your attorney will be able to advise you on whether a settlement is in your best interest or if taking the case to trial might lead to a better outcome.

How Long Will It Take to Resolve My Pedestrian Accident Case?

The length of time it takes to resolve a pedestrian accident case can vary depending on a number of factors. Some cases are settled quickly, while others may take longer to reach a resolution. If the case is settled out of court, it may be resolved in a few months. However, if the case goes to trial, it could take much longer, sometimes even years, before a final decision is made. Factors that can affect the timeline include the complexity of the case, the willingness of both parties to negotiate, and how crowded the court’s schedule is. While it is understandable to want your case resolved quickly, it is important to be patient and trust that your attorney is working to get you the best possible outcome. Rushing the process can sometimes result in accepting a lower settlement than you deserve.

What Happens if the Driver Was Uninsured or Underinsured?

In some cases, the driver responsible for the pedestrian accident may not have enough insurance to cover your damages, or they may not have insurance at all. When this happens, you still have options for recovering compensation. Florida requires drivers to carry personal injury protection (PIP) insurance, which can cover some of your medical expenses, regardless of who was at fault for the accident. In addition to PIP, you may also have uninsured or underinsured motorist coverage through your own insurance policy. This type of coverage is designed to protect you in situations where the at-fault driver does not have adequate insurance. Your attorney will review all available insurance policies to determine the best way to pursue compensation in your case.

What Should I Do If I Was Partially At Fault for the Accident?

It is not uncommon for there to be some level of shared fault in a pedestrian accident. For example, the driver may have been speeding, but the pedestrian may have been crossing outside of a designated crosswalk. In Florida, even if you were partially at fault for the accident, you can still pursue compensation under the state’s comparative negligence laws. However, the amount of compensation you can recover may be reduced based on your level of fault. For instance, if you were found to be 20 percent at fault for the accident, your total compensation would be reduced by 20 percent. Your attorney will work to present the strongest case possible to minimize your level of fault and help you recover the maximum amount of compensation.

How Do I Prove That the Driver Was at Fault for the Accident?

Proving that the driver was at fault for a pedestrian accident is a critical part of your case. Your attorney will work to gather evidence that shows the driver’s negligence or recklessness caused the accident. This evidence can include police reports, witness statements, traffic camera footage, and photographs of the accident scene. In some cases, your attorney may also consult with accident reconstruction professionals to get a clearer picture of what happened. Proving fault is not always straightforward, especially if the driver’s insurance company tries to dispute the claim. Having a legal team on your side can make a big difference in building a strong case and holding the responsible party accountable.

Can I Still File a Lawsuit if I Didn’t Seek Medical Attention Right Away?

While it is always best to seek medical attention immediately after an accident, there are situations where a person may delay getting care. If you did not go to the doctor right away, you can still file a lawsuit, but it may be more challenging to prove that your injuries were caused by the accident. Insurance companies may argue that your injuries are not as serious as you claim or that they were caused by something other than the accident. To strengthen your case, it is important to see a doctor as soon as possible and to keep detailed records of any medical treatment you receive. Your attorney will help you gather the necessary evidence to demonstrate the connection between the accident and your injuries.

Navigating a pedestrian accident lawsuit in Florida can be a complex and overwhelming process, especially when dealing with the physical and emotional toll of an injury. At The Guzman Firm, PLLC, we understand how challenging this time can be, and we are here to provide the legal support you need. Our dedicated team will work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, contact us today for a free consultation to discuss your case and explore your options.