Pedestrians have a right to safely navigate the streets and sidewalks without fear of harm. Unfortunately, accidents happen, and if you or someone you love sustained injuries due to driver negligence, you can seek legal help from a Fort Myers pedestrian accident attorney.
The legal team at The Schiller Kessler Group understands the importance of holding responsible parties accountable for their actions and securing compensation for those who have suffered.
Our Fort Myers personal injury lawyers can seek the justice you deserve. Find out more about your legal options by calling or filling out our online contact form.
Compensation Our Pedestrian Accident Attorneys Can Pursue
Pedestrian collisions can cause severe injuries, such as spinal cord injuries or traumatic brain injuries (TBI), that can lead to disabling conditions. You or a loved one may need to adjust to a new normal and undergo long-term medical care.
Our Fort Myers pedestrian accident lawyers can assess your losses and seek the recovery you deserve. Potential financial compensation for pedestrian accident victims can include:
- Medical bills
- Lost wages
- Pain and suffering, including emotional distress
- Reduced quality of life
- Other damages caused by the accident
Without legal representation from an experienced lawyer, insurance companies may offer inadequate settlements that don’t fully cover the victim’s losses.
Our experienced Fort Myers pedestrian collision lawyer can help you understand your insurance coverage and negotiate with insurance companies and liable parties on your behalf to ensure that you receive fair compensation for your injuries.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Recovering Wrongful Death Damages After a Pedestrian Accident
Losing a loved one in a pedestrian accident is a devastating experience, and no amount of compensation can truly make up for the loss. However, Florida law allows the family of the deceased to pursue wrongful death damages to alleviate the financial burdens and hold the responsible party accountable. At The Schiller Kessler Group, our compassionate attorneys are here to help you navigate this complex process while providing the support you need during this difficult time.
Who Can File a Wrongful Death Claim in Florida?
Under Florida’s Wrongful Death Act, the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of the surviving family members. This includes:
- Spouses
- Children
- Parents
- Any blood relatives or adoptive siblings who were financially dependent on the deceased
Our Fort Myers wrongful death lawyers can work closely with you to ensure that your family’s rights are protected and that all legal requirements are met.
Types of Wrongful Death Damages
When a wrongful death claim is successful, the surviving family members may be eligible to recover compensation for a variety of damages, including:
- Funeral and burial expenses
- Loss of financial support and benefits that the deceased would have provided
- Medical expenses incurred prior to the loved one’s passing
- Loss of companionship, love, and guidance for the spouse or children
- Your loved one’s pain and suffering
At The Schiller Kessler Group, we understand the emotional toll of losing a loved one and are committed to easing the burden on your family.
Our attorneys will handle every aspect of your wrongful death claim with care and diligence, allowing you to focus on healing while we fight for justice on your behalf.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How Can a Fort Myers Pedestrian Accident Attorney Help You?
Hiring a skilled Fort Myers pedestrian accident attorney can make all the difference in a personal injury claim.
A Fort Myers pedestrian accident lawyer can provide invaluable assistance throughout the legal process. They can:
- Help you understand your legal options
- Negotiate with insurance companies on your behalf
- Gather evidence to support your claim
- Represent you in court if necessary
With their expertise and experience in handling pedestrian accident cases, they can work tirelessly to ensure you seek the maximum compensation available under Florida law.
A lawyer can also help you avoid mistakes that people often make after being injured in an accident, such as delaying medical treatment.
Understanding PIP Coverage for Pedestrian Accidents in Florida
In Florida, Personal Injury Protection (PIP) coverage plays a crucial role in compensating pedestrians injured in accidents involving motor vehicles. Regardless of who is at fault, PIP provides coverage for medical expenses and lost wages, ensuring that injured pedestrians can access financial support quickly.
If you were injured as a pedestrian in an accident with a vehicle, you can file a PIP claim to help cover your immediate costs. Here’s how it works:
- Filing through your own insurance policy: If you have your own auto insurance policy that includes PIP coverage, you can file a claim under your policy, even if you were a pedestrian at the time of the accident.
- Filing through the driver’s insurance policy: If you do not have your own auto insurance policy, you may file a PIP claim with the insurance policy of the negligent driver.
PIP coverage typically provides up to $10,000 for medical expenses and lost income, but is limited to 80% of medical costs and 60% of lost wages. However, this is only the first step toward compensation.
If your injuries are serious or permanent, as defined by Florida Statutes § 627.737, you may be eligible to file a personal injury lawsuit to recover additional damages beyond the limits of PIP coverage.
At The Schiller Kessler Group, our personal injury attorneys can guide you through the PIP claims process, ensuring that you receive the benefits you’re entitled to while also exploring other options to maximize your compensation.
Understanding The Statute of Limitations and Comparative Negligence Laws in a Pedestrian Accident Case
Florida’s recent tort reform, enacted on March 24, 2023, has introduced key changes to the legal landscape for personal injury cases:
- Two-year statute of limitations: Under Florida Statutes § 95.11, victims now generally have two years from the date of the accident to file a personal injury lawsuit. This is a significant reduction from the previous four-year timeline. Acting promptly is critical to ensure your claim is filed within the legal timeframe.
- Modified comparative negligence: Under the new system, if you are found to be more than 50% at fault for the accident, you may not recover any damages. However, if your fault is 50% or less, you can still pursue compensation, reduced by your percentage of fault.
Our team will carefully evaluate your case, build a strong claim, and ensure that all deadlines are met.
What Steps Do You Take After a Pedestrian Accident?
After a pedestrian accident, the first step is to seek medical attention and ensure that any injuries are treated as soon as possible. Pedestrian accidents can result in serious injuries, such as:
Therefore, getting yourself checked by a medical professional is crucial even if you feel fine. Seeking medical attention also plays an important role when it comes to documenting evidence for your personal injury case.
Apart from seeking medical attention, it’s equally important to document evidence after a pedestrian accident. Lawyers often recommend:
- Taking photographs of the scene of the accident
- Obtaining contact information for witnesses and drivers involved in the accident
- Collecting any other relevant information related to the incident
This documentation can be beneficial when dealing with insurance companies or legal proceedings later on.
By following these steps after a pedestrian accident, you can protect your health and increase your chances of receiving fair compensation for your damages and losses. Review your next steps in more detail with a Fort Myers pedestrian accident lawyer.
Reach Out to Us After a Fort Myers Pedestrian Accident
Pedestrian accidents can be devastating and life-altering. Seeking legal help from a Fort Myers pedestrian collision attorney can help protect your rights and ensure that you have professional assistance throughout the legal process.
You can begin building your claim with our team at The Schiller Kessler Group. We’re ready to discuss your options. Call us for a free initial consultation.
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