Florida is full of busy cities where there is an abundance of pedestrian activity. While it is generally a pedestrian-friendly place, serious accidents happen more often than you may think, and they can result in life-changing injuries or even death. At Cohn & Smith, our car crash lawyers understand the challenges that victims in Pembroke Pines and elsewhere in South Florida encounter after these traumatic events. With over 65 years of combined experience, our attorneys will work hard to help you pursue the financial assistance you need.Filing a Negligence Claim after a Pedestrian Accident
Florida laws protect individuals who have been hurt due to the negligence or recklessness of a driver who caused their injuries. In order to take legal action, the victim typically brings a negligence claim against the at-fault party. To prevail in this type of lawsuit, an injured pedestrian must show that the defendant, usually a driver, owed him or her a duty to exercise reasonable care and that the defendant breached this duty of care. There are countless types of breaches that can happen on the road, such as driving while texting, failing to properly watch for pedestrians at crosswalks, or driving under the influence of drugs or alcohol.
An injured individual also must show that the accident happened as a direct result of the motorist’s careless behavior. If he or she would have been hurt anyway, or if the crash was not a reasonably foreseeable event, the defendant would not be liable for damages. However, a victim who succeeds in showing causation can potentially recover damages for any quantifiable costs or losses arising from the accident that he or she can identify with reasonable certainty. These may range from pain and suffering to lost wages, hospital bills, and damage to a vehicle.
If a pedestrian does not survive an accident, his or her family may be able to bring a wrongful death claim to recover compensation on behalf of the deceased person. Some types of damages that are available can be based on medical and burial expenses as well as the victim’s conscious suffering before death. Other forms of compensation, such as loss of consortium or companionship, are based on the deceased person’s relationship to the plaintiff.
It is important to note that a victim or a victim’s family has only a limited time frame to take legal action against the at-fault party. This period is known as the statute of limitations. Under Florida law, a victim has four years from the date of the accident to bring a personal injury claim. The statute of limitations for a wrongful death claim, however, is just two years from the date of the death.Discuss Your Options After a Motor Vehicle Collision with an Experienced Pembroke Pines Pedestrian Accident Attorney in Davie
At Cohn & Smith, our experienced motor vehicle collision attorneys have helped a number of Davie residents and other accident victims take legal action. While no amount of money can undo the harm you have suffered, monetary compensation can help ease the financial burden that typically stems from such an accident. We have helped individuals from Weston, Sunrise, and Tamarac, among other communities. To learn more, contact us online or call our Pembroke Pines Pedestrian Accident Attorney at 954-431-8100.