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If a negligent driver hits you, it is wise to seek legal advice from the experienced personal injury attorneys at Kogan & DiSalvo. Whether you were crossing the street or walking through a parking lot, you may be entitled to recover damages from the reckless driver who struck you. Retaining one of our skilled Palm Beach Gardens pedestrian accident lawyers could allow you to focus on your recovery while they handle the complex legal process. Call today to schedule your free initial consultation.
The Severity of Pedestrian Accidents
Compared to accidents involving two vehicles, pedestrian accidents make up a small portion of the collisions in the United States. However, the severity of these accidents has led to a significantly higher fatality rate compared to other crashes. Figures provided by the Center for Disease Control and Prevention show that nearly 5,000 pedestrians are killed each year after they sustain injuries from an automobile.
The unfortunate reality is that pedestrians face a much higher risk of severe injury in a collision than those operating a motor vehicle. A victim of a pedestrian accident may benefit from discussing their legal options with Palm Beach Gardens pedestrian accident attorneys before pursuing compensation for their injuries.
Liability in a Pedestrian Crash
To recover damages in a pedestrian crash lawsuit, a plaintiff must prove that a negligent person caused their injuries. To do so, a plaintiff must establish evidence of the four elements of negligence. The elements of negligence include:
- Duty of care
- Breach of the duty of care
- Causation
- Damages
The failure to establish any one of these four elements can cost an injury victim all of their compensation. While every injury victim has the right to pursue a lawsuit on their own, the right pedestrian accident lawyers in Palm Beach Gardens might put them in the best position to recover monetary damages.
Comparative Negligence
If a victim suspects they had or is found to have contributed to an accident, they may still recover compensation for their losses. While their compensation would be reduced by their percentage of fault, Florida law still allows for recovery no matter the degree of fault ascribed. Attorneys could use Florida’s comparative negligence laws and fight for the compensation victims need after a serious accident.
Recoverable Damages
One of the elements necessary to establish negligence is damages. Damages in a pedestrian accident may compensate an injury victim for monetary losses, physical pain, or property damage. A Palm Beach Gardens attorney with experience in pedestrian accident lawsuits could carefully review a case and identify damages that may be available.
There are two types of damages in an injury claim: economic damages and noneconomic damages. Economic damages are intended for a plaintiff to recover their measurable losses, such as medical bills or property damage repair expenses. Noneconomic damages may not be as easy to measure because they are inherently subjective.
Typical damages in a pedestrian accident include:
- Medical bills
- Loss of companionship
- Property damage repair costs
- Lost wages
- Long-term disability
Contact a Palm Beach Gardens Pedestrian Attorney
If you sustained injuries in a pedestrian accident, you may be entitled to monetary compensation from the person responsible for your injuries. Experienced Palm Beach Gardens pedestrian accident lawyers could help you pursue damages while you focus on recovery. To get your case started, contact one of our diligent attorneys at Kogan & DiSalvo for a free consultation on your case.
