What is the Deadline to File a Pedestrian Accident Claim?
The statute of limitations controls when a court will entertain a claim of negligence against a defendant driver and their insurance company. It is essential that injured parties understand this law and how it affects their case.
According to Florida Statute §95.11, the statute of limitations in bicycle accident cases is generally four years. If a plaintiff does not have a case in court within this time limit, the court may dismiss their case. This applies equally to a case that seeks payment through settlement. Our attorneys in Florida can help someone hit by a car file their pedestrian accident case within the statutory deadline.
Will the Case Need to Go to Trial?
Many people assume that to collect appropriate compensation for their losses, they will need to ask a jury to render a verdict after a trial. While this is an option for injured pedestrians, there may be other ways to collect damages following an accident such as this one. Civil courts in Florida have the jurisdiction to hear cases that allege negligence as the source of a personal injury. However, this is not always the preferred method of seeking damages.
In some situations, an injured pedestrian may be able to collect a settlement award through an insurance company. In some cases, this is possible without having to even file a complaint in court. Every driver in Florida must carry an insurance policy that provides coverage for any bodily injury that a carrier may inflict on another. These policies may cover the costs of medical care, emotional traumas, and lost earnings.
A Florida attorney at Kogan & DiSalvo can explain why this form of compensation may be more beneficial in some pedestrian accident cases. When pursing an insurance claim, the process may be much simpler, and the resulting award may be fairer. Additionally, a court case can be unpredictable and may take months or even years to get to trial.
Even so, this does not mean that collecting fair payments from an insurance company is easy. These companies will fight to protect their profits. They may conduct full investigations and try to shift blame onto unsuspecting injured plaintiffs. It is vital to approach the negotiating table from a position of strength as though one way presenting a case to a jury at trial. Our legal team can help choose a path that best suits an individual case.
Several Liability for Florida Defendants
A plaintiff’s Florida pedestrian accident attorneys might name multiple people or parties as defendants in their lawsuit. Multiple drivers, vehicle owners, companies and even government entities liable for roads and traffic signals can be named as defendants.
If the court agrees that more than one defendant is liable for the plaintiff’s injuries, then each defendant would be liable for their proportionate share of damages.
Seek Representation from a Florida Pedestrian Accident Attorney
If you were injured, you might need the dedicated representation of our Florida pedestrian accident lawyers at Kogan & DiSalvo. Our attorneys can determine which individuals or entity may be held liable for your injuries and will fight tirelessly on your behalf to secure fair compensation. Call today to learn more about your rights under Florida law after a severe accident.