When a car hits a pedestrian, the pedestrian often sustains devastating injuries because they’re unprotected and vulnerable to such an impact. According to the National Highway Traffic Safety Administration, approximately 55,000 pedestrians were injured, and more than 6,500 were killed after being struck by a motor vehicle in 2020.
If you were a pedestrian injured in an accident caused by a negligent motorist, the driver might be liable for your financial and personal losses. If you need help filing an insurance or personal injury claim, the Tampa pedestrian accident lawyers at Chalik & Chalik Injury Lawyers can provide a free consultation.
Determine Negligence and Liability with a Tampa Pedestrian Accident Lawyer
Pursuing compensation in a Tampa pedestrian accident claim involves demonstrating that the motorist who struck you was negligent and liable for your injuries. To prove this, you and your attorney must establish the following:
The driver breached their duty of care – All motorists have a duty of care. This means they are expected to act with enough caution to avoid harming someone else with whom they share the road. Therefore, if a motorist acted carelessly and injured you, they breached this duty.
The breach of duty caused your injuries – To prove causation, your attorney must show that the driver’s breach of their duty of care caused the accident and your injuries.
A breach of duty is often accompanied by a traffic violation, such as:
- Driving drunk
- Driving while distracted by a phone
- Driving recklessly
- Running a red light or stop sign
- Failing to stop for a school bus
- Failing to stop at a crosswalk
The accident led to damages – Damages are any quantifiable losses you sustained after the accident. Examples of damages include medical bills, medication costs, and pain and suffering.
It is not always easy to prove that the driver was negligent and responsible for damages. Retaining a Tampa pedestrian accident lawyer may be necessary to ensure you receive the compensation you deserve.
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Damages You Can Recover in a Tampa Pedestrian Accident Claim
Damages in a lawsuit refer to specific losses you suffered due to the accident or your injuries. Some damages you may be entitled to include the following:
- Medical bills from emergency room care, hospitalization, rehabilitation, primary care doctor visits, medical equipment, and medications
- Lost wages from missed work
- Compensation for a diminished future earning capacity
- Pain and suffering
- Permanent scarring or disfigurement
- Permanent or long-term disability
- Emotional anguish
- Diminished quality of life
- Loss of life enjoyment
- Loss of consortium or companionship
In Tampa, other forms of compensation that you may recover include punitive damages, which are imposed to punish the driver and deter future negligence.
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How Pedestrian Accident Lawyers Can Help Your Case in Tampa
The legal process of recovering compensation for losses is often complex and challenging for accident victims. Fortunately, our Tampa pedestrian accident lawyers are equipped to navigate the process and guide you along the way.
Our team will start by thoroughly investigating your accident and securing crucial evidence, such as the following:
- Police reports about the accident
- Accident scene pictures and video
- Nearby surveillance videos
- Eyewitness statements and testimony
- Expert witness statements and testimony
- Medical records and bills
- The driver’s auto repair records
- Insurance policy information
- Pay stubs showing lost wages
The pedestrian injury lawyers serving our Tampa clients can also assist you by handling the following tasks:
- Identifying all potentially liable parties
- Identifying and calculating your losses
- Filing a claim demanding compensation and negotiating with the insurance company
- Filing a lawsuit against liable parties if they won’t agree to a reasonable settlement
- Representing you in court and working to prove your case while undermining evidence presented by the defense
A lawyer can protect your pedestrian accident claim by ensuring that you do not say anything that could harm your chances of a fair settlement. In addition, having an attorney fight for you will ensure the insurers take you seriously. Your attorney will also make sure that you don’t accept any inadequate settlement the insurer may offer.
In a nutshell, a personal injury attorney’s most essential function is handling the work required to ensure your accident-related expenses are covered while you focus on healing from your physical and emotional injuries.
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Insurance Claim Filing Options in Florida for Pedestrians
Under Florida’s no-fault statute, if you were a pedestrian injured by a motor vehicle, you may be entitled to receive personal injury protection (PIP) benefits through your own insurance. These benefits are collectible regardless of who was negligent or at fault. However, if negligence was involved, you may be eligible to pursue a lawsuit against the at-fault driver for damages.
If you do not have auto insurance coverage, you must file a claim through the driver’s insurance policy. If the liable driver was uninsured, you could still file a personal injury lawsuit against them. Recovering compensation might be challenging if you were a hit-and-run victim. If this is the case, we urge you to retain an attorney who can speak with insurance companies on your behalf.
For a free legal consultation with a Chalik & Chalik lawyer serving Tampa, call (813) 879-3719
Filing a Wrongful Death Claim in Tampa After a Pedestrian Accident
If your loved one was killed in a pedestrian accident, you might be eligible to file a wrongful death claim. By filing a wrongful death claim, you are eligible to seek compensation for the decedent’s funeral and burial expenses. In addition, you may be able to pursue other non-economic damages, depending on your case.
The statute of limitations in Florida is four years for personal injury claims and two years for wrongful death claims. As such, if you wish to file a wrongful death claim, you only have until two years after your loved one’s death. A lawyer from our firm can help you understand your rights and the appropriate timelines for your claim.
Chalik & Chalik Injury Lawyers Are Here to Help Your Case
At Chalik & Chalik Injury Lawyers, our Tampa pedestrian accident lawyers will fight to ensure careless motorists are held responsible for the damage they’ve caused. We care about your case, so when you choose our firm, you will work with our partners directly. Please call us today for a complimentary, no-obligation case evaluation.
Call or text Chalik & Chalik (813) 879-3719