When a person is struck by a vehicle, the results are often catastrophic. If you or a family member was hit by a car in a pedestrian accident in Florida, you may have a right to seek financial compensation for your damages. You could be compensated for medical expenses, lost income, pain and suffering, and more, contact our Sarasota, Florida pedestrian accident lawyers today.
Speak with Distasio Law Firm’s legal team to learn more about how a Sarasota pedestrian accident lawyer may be able to help you. Call for a free consultation with one of our skilled injury attorneys today.
Negligent Driving Often Causes Florida Pedestrian Accidents
Millions of people visit Sarasota, Florida each year. Between residents and tourists, the city’s streets are often quite busy. Unfortunately, pedestrian accidents resulting in severe injuries and death are not unheard of. If you were injured or a loved one was killed in a pedestrian accident, it is important to know your rights.
You may be entitled to financial compensation for your damages through a personal injury lawsuit. However, to recover compensation, you and your attorney will need to prove that the at-fault party’s negligence or illegal actions led to your injuries.
A diligent Sarasota pedestrian accident attorney with Distasio Law Firm can help you demonstrate the elements needed to bring a strong case against the at-fault party. There are four key elements in a successful personal injury claim:
The Defendant Owed You a Duty of Care
The defendant, or the party believed to be responsible for your accident, owed you a “duty of care.” This means the defendant had a legal obligation to act a certain way. For example, drivers have a duty to obey traffic laws and drive safely. Property owners have a duty to keep their properties free of unreasonable hazards. Car manufacturers have a duty to ensure that vehicles do not contain dangerous defects.
The Defendant Breached the Duty of Care
You must demonstrate that the defendant failed to uphold the duty of care. For example, a driver may breach their duty of care by texting and driving, driving under the influence of alcohol or drugs, or otherwise acting negligently behind the wheel.
Your Injuries Were Caused by the Defendant’s Negligence
Causation is a crucial component in a car accident injury case. You must show that your injuries or your loved one’s death were caused by the defendant’s breach of duty. The defense may try to argue that your injuries were pre-existing or that your actions caused or contributed to your injuries.
You Suffered Damages Because of Your Injuries
Damages are the losses caused by an injury or death. To win your case, you will need to show that you suffered damages such as medical bills, lost income from missed work, and/or property damage.
You May Be Eligible for Compensation for a Pedestrian Accident
The compensation that a person may receive after a pedestrian accident in a personal injury case depends on factors such as:
- The circumstances of the injuries
- Whether the injured person’s actions caused or contributed to the accident
- The severity of the person’s injuries
- The time it will take to recover from the injuries
- Whether permanent disability or disfigurement resulted from the accident
Learn more during a free consultation with a personal injury attorney from Distasio Law Firm. Call today.
Types of Damages in a Florida Car Accident Injury Case
A personal injury lawsuit could help you recover compensation for the financial and non-financial losses you suffered when injured in a pedestrian accident. You could be compensated for:
- Medical bills, including costs related to doctor’s visits, hospital care, medication, surgery, and medical devices, as well as future medical costs, such as physical therapy
- Lost wages from the time you spent away from work
- Estimated future lost wages caused by your injuries
- Permanent disability or disfigurement resulting from your injuries
- Physical pain and mental suffering
- Loss of capacity for enjoyment of life
Types of Damages in a Florida Wrongful Death Case
If your loved one died because of the injuries they suffered in a pedestrian accident, the team of compassionate Sarasota attorneys from Distasio Law Firm offers our condolences. We understand that financial compensation cannot make up for the devastating loss of a loved one. Still, compensation from a wrongful death lawsuit may relieve some of the financial stress caused by your unexpected loss.
A wrongful death action is brought by the decedent’s representative—often a spouse or other close relative. A wrongful death action could help you hold the at-fault party accountable for the fatal accident and recover financial compensation for your damages.
According to Florida Statutes §768.21, you may be entitled to compensation for:
- Medical bills
- The decedent’s lost income
- The loss of the decedent’s support and services
- The loss of companionship and protection experienced by a surviving spouse
- The loss of parental guidance and companionship experienced by surviving children
- Pain and suffering
- Funeral and burial costs
- Wrongful death claims
Important Deadlines for Florida Injury and Death Cases
An injury or death lawsuit may allow a pedestrian accident victim in Sarasota or their surviving loved ones to hold the at-fault party accountable for the accident and recover financial compensation. However, you must file your lawsuit within the applicable statute of limitations to have a chance of recovering compensation.
Florida’s statute of limitations for personal injury lawsuits is generally two years, per Florida Statutes §95.11 (3)(a), and two years for wrongful death lawsuits, per Florida Statutes § 95.11(4)(d). However, certain factors can reduce the statute of limitations. Your attorney can let you know how these statutes could affect your case.
How Distasio Law Firm Can Help
If you or someone you care about was involved in a pedestrian accident, you deserve a strong legal advocate on your side. Distasio Law Firm can identify who is liable for the accident, calculate the damages you suffered, and fight for a settlement that covers your damages. If a settlement cannot be reached through negotiations with the at-fault party or their insurance company, we are prepared to represent you in court.
Reach Out to a Sarasota Pedestrian Accident Attorney Today
Pedestrian accidents can lead to severe injuries and death. If you or a loved one was hit by a motor vehicle, contact a Sarasota Florida pedestrian accident attorney from Distasio Law Firm to discuss filing a lawsuit and seeking damages.
Call our office of professional and expert injury lawyers today for a free case assessment.