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Collisions between pedestrians and motor vehicles may result in some of the most severe injuries an Okeechobee County resident can suffer. Pedestrians involved in these accidents have little protection against the extreme forces at work and may sustain serious damage even when the vehicle is traveling at a low speed. Fortunately, you have the option to seek legal recovery for physical, emotional, and financial losses if you can prove legal negligence on the driver’s part.
An Okeechobee County pedestrian accident lawyer could help negotiate claims against both private citizens and insurance companies. In addition to collecting evidence on your behalf, our skilled personal injury attorneys here at Kogan & DiSalvo could demand fair compensation for your injuries.
Negligence Under Okeechobee County Law
Though most collisions between motor vehicles and pedestrians are accidental, harmed individuals may be able to hold a driver civilly liable for the injuries caused under certain circumstances. However, since the injured party typically initiates such a lawsuit, they bear the burden of proof in a legal case. For this reason, injured individuals may wish to retain a pedestrian accident attorney before deciding to file a claim in Okeechobee County.
Harmed people typically use the legal theory of negligence to pursue compensation. Negligence occurs when a person acts in a way that violates what is expected of them in terms of normal safe behavior and which could reasonably harm another party.
Drivers generally possess an inherent duty to protect those with whom they share the road, including other drivers, passengers, and pedestrians. However, engaging in behavior such as speeding, ignoring traffic signals, or driving while under the influence of drugs or alcohol could be considered a breach of this duty. Qualified legal counsel could help harmed people gather evidence of a potential breach to submit to an insurance company or the court, as well as proof of the physical harm it directly caused.
Statute of Limitations
Florida state law strictly controls when an individual can file a lawsuit following a pedestrian accident. Florida Statutes §95.11 sets the time limits for filing a personal injury claim at two years. If this time limit passes, a plaintiff could be barred from seeking compensation.
Compensable Damages
Any injuries sustained in an accident may be compensable. For example, plaintiffs could demand payment for time spent in the hospital, medications, physical therapy, or surgery. However, potential compensation is not limited to medical expenses. Individuals could claim damages for all harm related to an injury, including:
- Wages lost due to time from work
- Lost earning potential
- Future medical expenses
- Certain emotional damages
Though every pedestrian accident is different, an Okeechobee County pedestrian accident lawyer could help harmed people quantify potential compensation by examining medical expenses and determining the impact of an injury on their quality of life.
Consult an Okeechobee County Pedestrian Accident Attorney Today
Since pedestrian accidents could result in some of the most serious personal injuries a person may endure, people who are injured in this way have the legal right to hold a driver responsible for their actions. An Okeechobee County pedestrian accident lawyer could help you stand up for your rights in this regard.
Many pedestrian accidents end with settlements outside of court, but some proceed all the way to trial. Either way, it may be beneficial to allow the detail-oriented attorneys at Kogan & DiSalvo to gather all relevant evidence, conduct an independent investigation, and submit a strong and thorough claim to an insurance provider on your behalf. If a trial is necessary, then the Florida Bar Board Certified Trial Lawyers at Kogan & DiSalvo know what to do.
Though seeking legal remedy for injuries is often stressful, we could provide the support you need to effectively pursue fair compensation. Reach out today to schedule a consultation and begin the financial recovery process.
