Research from the Florida Highway Safety and Motor Vehicles (FLHSMV) shows 720 pedestrians were killed in Florida in 2018. Sadly, for every tragic pedestrian death, countless other victims are forced to live with their newfound injuries, financial hardships, and mental anguish.
We want you to know that you do not have to be defined by a senseless accident. If your pedestrian accident was caused by another party’s negligence, you may be entitled to financial compensation for your losses.
If you retain a Saint Cloud pedestrian accident lawyer at our firm, our attorneys can help you seek justice starting from our initial consultation to the final ruling in your case. You do not have to go through this legal battle alone.
To learn more about our legal services at Bogin, Munns & Munns, contact a representative today at (855) 686-6752 to receive your free consultation.
Recoverable Damages for a Pedestrian Accident Claim
According to Florida Statutes §768.81, you are eligible to recover damages even if you were partially at-fault for your accident. However, if the court finds you to be partially at-fault, your final settlement may be reduced proportionately based on your involvement.
Ultimately, you may receive two types of damages after a pedestrian accident in Saint Cloud:
- Compensatory damages: This encompasses your economic and non-economic losses, including lost wages, medical expenses, mental anguish, long-term disabilities, property damage, loss of companionship, and more.
- Punitive damages: The court uses these to punish the most grossly negligent and reckless offenders. Rather than explicitly compensating you for your hardships, punitive damages are designed to set an example for members of the community.
To consult with an experienced pedestrian accident lawyer serving Saint Cloud, call 855-686-6752
Pursuing Liability in Pedestrian Accidents
Depending on the circumstances surrounding your case, many individuals can ultimately be found liable for your personal injuries, including:
- Negligent drivers
- Manufacturers of defective products
- Government organizations
- Construction companies, taxi services, and other non-government businesses
- Individual employees of certain companies
- Pet owners
- Property owners
- Regular civilians
- Healthcare providers (if medical malpractice ultimately led to the accident)
- And more
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Assigning Values for Losses Suffered in Your Pedestrian Accident
We can use a variety of methods to help assign monetary values to your pain and suffering, including:
- Documenting proof of medical expenses and calculating the cost of long-term care
- Examining legal precedents for non-economic suffering
- Calling upon third-party specialists to quantify your mental anguish
- Using the multiplier method to assign values to intangible suffering
- Seeking appraisals for property damage
- Calculating the impact of your diminished earning potential
- Cataloging your lost wages and relevant financial losses
- And more
Above all else, a Saint Cloud pedestrian accident lawyer can be there to help determine a case value that truly reflects your overall losses.
To learn more about calculating damages in pedestrian accidents, contact a Bogin, Munns & Munns team member today at (855) 686-6752 to receive your free consultation.
Understanding a Premises Liability Claim
If you were on another person’s property at the time of your pedestrian accident, you may be covered under the legal concept of premises liability.
According to The Florida Bar, when you are legally allowed access to a person’s property, whether it is public or private land, the property owner owes you a duty of care during your stay. Basically, duty of care means that you should be provided with a reasonable expectation of safety.
If the property owner breaks this duty of care, thereby causing your personal injuries, they may be held liable for your damages. However, there are limitations to a property owner’s duty of care, which largely exonerates them for injuries to trespassers and uninvited licensees.
When determining your right to be on a person’s property, you must fall under one of three categories:
- Business invitee: Your visit is related to business dealings with the property owner.
- Public invitee: As a member of the public, you are using the property for its intended purpose.
- Licensee by invitation: You are on the property as a social guest of the owner.
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Filing Claims Against the Florida Government and Other Organizations
While Florida Statutes §95.11 assigns a general four-year statute of limitations on personal injury claims, the guidelines are subject to change when claims are made against government entities and medical practices.
Ultimately, Florida Statutes §768.28 allows you to file a claim against the government under the following circumstances:
- Your losses were caused by negligence or wrongful behavior.
- Your losses can be compensated with monetary damages.
- In a similar accident, the accused party would be liable even if they were a private citizen.
However, if you wish to file a personal injury claim against a city, county, state entity, or government employee, you must notify the applicable agency. You must also notify the Florida Department of Financial Services by sending a written letter to the Florida Division of Risk Management within three years of the accident in question.
This written notice needs to include the date of the accident, the extent of injuries, and other general information. Once your notice is submitted, you cannot file a lawsuit until the end of a 180-day investigation period – unless your claim is denied beforehand.
Ultimately, there are many other factors that govern certain personal injury claims. If you have any questions about the claims process, a pedestrian accident attorney can help address your concerns.
Contact a Pedestrian Accident Attorney in Saint Cloud to Get Started Today
Since our firm was founded in 1979, our attorneys at Bogin, Munns & Munns have continually fought injustice throughout Central Florida. Given our long history with your community, a Saint Cloud pedestrian accident lawyer can offer a variety of legal services to help address your unique needs.
Our services include:
- Educating you about Florida’s personal injury laws
- Offering general legal counsel
- Fighting for your case in civil court
- Assigning values to your losses
- Working on settlement negotiations
- Gathering evidence to determine liability
- Reviewing insurance policies
- Providing updates on your case and identifying upcoming deadlines
- And more
To better understand your legal needs, our team would love to start learning more about your case today. Contact a representative at (855) 686-6752 to get started with your free consultation.