Being injured in any kind of vehicle accident can be life-changing and devastating. However, when the victim is a pedestrian who is struck by a vehicle, the odds of the injury being substantially worse are much higher.
Without the durability and defense of a vehicle to protect you, the human body can sustain a considerable amount of damage from even a slow-moving vehicle. That’s why it’s important to know what the rights and requirements are for filing a pedestrian injury claim in the state of Florida.
According to Florida Statute 95:11, and as a pedestrian accident attorney can explain further, a pedestrian accident claim must be filed within four years of the accident. If the defendant is an employee of a governmental agency, or if it is a governmental agency itself, the time period in which you must file your claim is much shorter.
Establishing Fault in a Pedestrian Injury Accident
In addition to knowing how long you have to file a claim, it’s important to know who is at fault for the accident. If the pedestrian is actually at fault for the accident, then unfortunately, the question of filing a claim may no longer matter.
There are several ways in which a pedestrian may either be at fault for the accident or have circumstances in which a claim would possibly be ineligible, including:
- A pedestrian crossing at a crosswalk when the “DO NOT WALK” sign is on.
- A pedestrian entering the street while in an altered state due to drugs, alcohol, or other intoxicants.
- A pedestrian walking in an area that is prohibited.
- A pedestrian chasing a ball or object into the street with disregard for approaching motor vehicles.
- A pedestrian using or distracted by a phone or other electronic device.
However, no accident is exactly the same and only a qualified pedestrian accident lawyer can tell you if you have a potential claim for compensation, no matter the circumstances.
What’s the Time Limit for a Pedestrian Injury Claim?
A common rule is that you have four years from the time of the injury to file a claim. However, there may be extenuating circumstances and exceptions to that rule. Most of these exceptions revolve around whether or not the party that is at fault is a governmental entity. If the person or persons responsible for your injuries are employed by a governmental agency, you must file your claim within three years of the date of the incident.
To be safely within the statute of limitations, it is best to file your claim as soon as humanly possible following your accident.
What Should Be Included in Your Pedestrian Injury Claim?
Filing an injury claim isn’t something you can do multiple times for a single incident, so it’s important to make sure you cover all the related costs and needs in your claim. These could be as wide-ranging as:
- Medical costs
- Wage loss
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
There may be other costs as well. To make sure you don’t miss out on the compensation you deserve and will likely need, the best action you can take is to contact a skilled and experienced pedestrian accident lawyer in Florida who has handled these kinds of pedestrian injury cases before. They will advise you on your case, specifically on what to recommend, how to evaluate what your claim is worth, and what steps to take.
RTRLAW has more than 34 years of experience dealing with injury cases in Florida and in particular, clients who suffered injuries while walking Florida’s roadways, and we can help you. Reach out to us today for assistance toll free at 1-833-HIRE-RTR (1-833-447-3787).