Call Us Today In a car or truck collision, a pedestrian can suffer catastrophic injuries. They rarely bear all of the fault for this accident. If you sustain injuries in this type of incident, a Fort Myers pedestrian accident lawyer can help you obtain significant financial compensation from any liable parties.
Following a pedestrian accident, partner with a personal injury lawyer in Fort Myers from Viles & Beckman. We have more than 40 years of combined legal experience on staff. Trust our team to provide you with the legal services and support you need to secure compensation for your medical bills and other losses and help you rebuild your life.
Common Injuries Reported in Fort Myers Pedestrian Accidents
A Fort Myers pedestrian accident attorney represents Florida residents who suffer property damage, spinal cord injuries, and other harm due to no fault of their own. They understand that every personal injury claim is different, as are the injuries associated with it. Below are injuries you could have to deal with if you are hit by a car as a pedestrian.
Head and Brain Injuries
A traumatic brain injury (TBI) from sustaining a blow to the head can leave you with lifelong motor and cognitive disabilities. You may need years of physical therapy and other medical treatments to help you manage your injury symptoms.
Neck, Shoulder, and Spine Injuries
The severity of a person’s pedestrian accident, neck, shoulder, or spinal cord injury varies. A spine injury can cause paralysis that limits your mobility now and in the future. Neck and spine injuries can result in chronic pain.
Internal Bleeding and Organ Damage
The violent impact of your body banging against a hard road surface or the front of a vehicle can damage your internal organs. This can result in internal bleeding and swelling that can be life-threatening and require multiple surgeries and hospitalizations to treat.
Abrasions and Lacerations
A rough road surface or sharp piece of metal can inflict deep wounds that bleed profusely, risk becoming infected, and take a long time to heal. Sometimes, these injuries require painful skin graft surgeries to address.
Torn Muscles, Ligaments, and Tendons
Even when injuries do not threaten your life, they can cause severe pain and disabilities. A torn or ruptured muscle, ligament, or tendon can take months or longer to heal. Even then, it may never work the way it did previously.
Broken Bones
Simple bone breaks can be painful but heal with proper medical care and support. However, bone breaks in pedestrian accidents often require surgery, implants, and physical therapy. In some instances, broken bones do not heal properly and can affect you for the rest of your life.
Viles & Beckman is a Fort Myers personal injury law firm that prioritizes your best interests. We provide legal support that feels like family. Give us the opportunity to advocate for you and protect your legal rights in your pedestrian accident case.
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How Long Do You Have to File a Fort Myers Pedestrian Accident Claim?
When you are injured as a pedestrian, you have two years from the date of your accident to file a claim against a negligent party under Chapter 95, Section 11 of the 2024 Florida Statutes. It is best to file your claim right away. Otherwise, if you wait too long, you could miss your opportunity to seek compensation for your losses.
A pedestrian accident lawyer in Fort Myers can teach you about traffic laws and other regulations relative to your case. Your attorney can explain how long you have to file a pedestrian accident lawsuit. They can walk you through the process of submitting a claim for compensation from a negligent driver or other liable parties.
If you try to file your claim after the statute of limitations elapses, you will not be able to receive compensation for your losses. As soon as you contact a pedestrian accident attorney, you can start building your case. Your attorney can help you gather evidence to support your compensation request.
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How to Prove Negligence in a Southwest Florida Pedestrian Accident Case
A pedestrian accident attorney in Fort Myers can explain negligence and how it relates to your case. To prove that a party was negligent, you must show that the following elements of negligence were present at the time of your Florida pedestrian accident:
- Duty of Care: A party has a responsibility to adhere to a reasonable amount of care toward a person. In the case of a pedestrian accident, a motorist had a duty of care to drive safely.
- Breach of Duty of Care: This party chose not to provide a reasonable amount of care. If a driver slams their car into a pedestrian, they have violated their duty of care.
- Causation: You must be able to prove that the party that breached their duty of care toward you is responsible for your accident and severe injuries. Your lawyer helps you collect evidence to show that the driver is at fault.
- Damages: If you are injured in a pedestrian accident, you must be able to verify that the accident caused you to suffer losses.
A Fort Myers, FL, pedestrian accident lawyer can help you prove that a party was negligent. If you have an abundance of proof, it becomes difficult for a liable party to disprove your argument against them. Thus, this party could propose a fair settlement.
Click To ContactHow to Recover Damages in a Pedestrian Accident Case
Your lawyer can provide insights into what damages you can recover as a pedestrian accident victim. They can answer questions you have about your right to take legal action to recover damages. You could receive any of the following types of damages in your pedestrian accident case.
Economic (a.k.a. “Special”) Damages
Economic damages consist of the out-of-pocket costs associated with a pedestrian accident and its resulting injuries. They typically include current and future medical costs and lost wages. If a pedestrian accident is fatal, the victim’s family can request damages to cover their loved one’s funeral and burial expenses.
Non-Economic (a.k.a. “General”) Damages
Non-economic damages compensate a victim for losses that do not have a fixed dollar amount associated with them. They frequently include pain and suffering, loss of companionship, loss of consortium, and loss of enjoyment. The families of pedestrian accident victims can recover non-economic damages in a wrongful death lawsuit.
Punitive (a.k.a. “Exemplary”) Damages
Punitive or exemplary damages seek to right a wrong. They may be available under Florida law when a victim can present evidence that indicates the responsible party in a motor vehicle accident committed an act of gross misconduct. Punitive damages are awarded in pedestrian accident cases in which a driver blatantly disregards the safety of others.
The damages you can receive depend on the facts of your case. Your lawyer can calculate your losses and what evidence is crucial in a pedestrian accident case to help you recover compensation for them. They will put you in a position to secure compensation that matches or exceeds your expectations.
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Tips to Help You if You are Involved in a Pedestrian Accident
At the accident scene, retrieve evidence from a wide range of sources. Get information from the driver, including their full name, address, phone number, and auto insurance company. In addition, request the contact information of anyone who saw your accident happen and take photos and videos of your injuries and the scene.
Receive medical care for your pedestrian accident injuries. If you are injured and choose not to do anything about it, any injuries you have suffered are likely to get worse. Along with this, you could suffer permanent injuries that make it tough to enjoy your life to the fullest extent moving forward.
Connect with a Fort Myers personal injury lawyer within days of your accident. Your attorney can discuss your case with a liable party or their insurance company and share personal injury FAQs with you. They can help you secure maximum compensation for your losses through an insurance claim or injury lawsuit.
Our Fort Myers Pedestrian Accident Lawyers Prioritize Your Florida Personal Injury Case with a Commitment to Justice
Ask for legal help if a Florida motorist crashes their vehicle into you. A Fort Myers personal injury attorney can negotiate with a liable party’s insurance company on your behalf to help you get fair compensation for your losses. If warranted, your lawyer can submit a lawsuit for you.
Viles & Beckman is a leading choice for those searching for a Southwest Florida personal law firm to assist them with their pedestrian accident case. We have helped our clients secure over $100 million in damages in personal injury cases and will work diligently to get you the rightful compensation that you deserve. Request a case consultation with us.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
