Following a pedestrian accident, can be difficult to know what to do next. The accident can lead to After seeking medical treatment, you might be wondering what your legal options are. If you have been injured in a pedestrian accident, it is vital that you get in touch with a skilled pedestrian accident attorney. Your lawyer will have experience helping people recover damages in Clearwater pedestrian accident cases, and can work diligently to help you recover damages. Seek the counsel of a distinguished legal advocate and know that you are in good hands.
Facts Regarding Damages in Pedestrian Accident Cases
Damages in Clearwater pedestrian accident cases are no different than the damages in any other kind of personal injury/negligence case. When someone receives damages, they are receiving them for injuries, pain and suffering, future medical bills, past medical bills, the lost ability to earn, and lost wages. There are also derivative claims for family members and spouses. Pedestrian accident cases follow the same rules as other negligence cases in Florida. A person has to file a complaint in the appropriate court and allege the appropriate economic damages to establish jurisdiction.
Whether a pedestrian case will be filed in district, circuit, or federal court depends on a variety of factors. The difference is going to be the amount of money in controversy, meaning the damages and the jurisdiction. If a person is injured, for example in a federal park or on a military base, a jurisdiction is federal. Therefore, federal courts would apply. Anything outside of a federal pre-empted jurisdiction with the case is filed in state court. The threshold for circuit court is $15,000. Anything greater than $5,000 is the threshold for county courts.
Recoverable Damages in a Pedestrian Accident
Damages in Clearwater pedestrian accident cases are calculated by making a determination about what the reasonable value of medical bills has been and what is the reasonable expectation for medical bills associated with the injuries sustained in the future. The calculation of lost wages or an individual’s ability to earn an income in the future, as well as pain and suffering, is a little more amorphous in that it is more of an art than a science and more difficult to calculate. Florida has no cap for pedestrian accidents.
Normally, a judge or a jury is going to be responsible for calculating damages. Most good lawyers are going to help in that process by providing information to help make that calculation. Expert witnesses, like economists or forensic accountants, are used to help calculate damages and future lost earnings. Punitive damages are involved if an individual can prove that the adverse party acted with recklessness or with a conscious disregard for the safety of others.
Impact of Liability on Recoverable Damages
If a pedestrian is hit by a vehicle while that pedestrian is in a lawfully marked crosswalk and with a right of way, it indicates that the driver is liable for the accident and therefore, responsible for their injuries. If a person is found to have a portion of liability for their own injuries, their potential settlement or verdict will be reduced by their percentage of liability.
Pedestrians have an obligation to assure that they are clear to cross before they do so. They cannot just blindly and mindlessly cross intersections without recognizing what is going on around them. They have to act within reason. Objective reasonableness is the standard. Not following the law may lead to the person being charged for force of contribution for their own injuries.
Value of an Attorney
The statute of limitations is four years for pedestrian accidents from the date that the injury occurred. That means that individuals wishing to pursue damages in Clearwater pedestrian accident cases must act with immediacy. If you have been injured in a pedestrian accident, it is vital that you get in contact with a Clearwater pedestrian accident attorney as soon as possible. A qualified personal injury lawyer can review your medical bills and any documentation of the accident itself (including photographs of your injuries), in order to build your case.