A pedestrian who has been hit by a car in Fort Lauderdale may be entitled to recover compensation from their insurance carrier due to Florida’s no-fault insurance laws. Under Florida’s no-fault laws, an individual is able to file a claim using their personal injury protection (PIP), which generally pays up to $10,000 for medical bills and lost wages, regardless of who caused the accident.1
In the event a pedestrian exhausts their PIP benefits because the injuries they suffered were severe, they may be able to file a claim with the driver’s insurer to recover additional compensation.
What if a pedestrian doesn’t have auto insurance because they don’t own a vehicle?
Many pedestrians are on foot for a reason—because they don’t own a vehicle. Without a vehicle, a pedestrian likely doesn’t have an auto insurance company they can rely on to cover their medical expenses. In a situation like this, a pedestrian can then file a claim with the driver’s insurer and potentially recover compensation for their medical expenses and possibly even lost wages.
When a Pedestrian’s Injuries are Serious
It isn’t uncommon for a pedestrian to suffer serious or life-threatening injuries when involved in an accident with a motor vehicle. In the event a pedestrian’s injuries are serious and they aren’t able to recover enough compensation to cover their medical expenses and other losses, they may need to turn to the legal system for help.
Filing a Personal Injury Lawsuit Against a Driver After a Pedestrian Accident
If a pedestrian is unable to recover the compensation they are entitled to from the driver’s insurance company or even their own, they can file a personal injury lawsuit against the individual. Personal injury lawsuits do carry time limits which means a pedestrian must act quickly if they want to hold a driver financially liable for their losses. In most cases, a pedestrian has four years to file their personal injury lawsuit against another party.2 This timeframe is referred to as the statute of limitations.
How much can a pedestrian recover if they file a personal injury lawsuit?
Before a pedestrian is able to recover any amount of money from the driver, they are going to need to prove he/she was negligent and that their negligent actions are what led to them suffering injuries. When a pedestrian is successful at doing so, they then stand a chance at recovering compensation to make up for their injuries and losses.
While the amount a pedestrian can recover will vary, some of the things they may be awarded compensation for include:
- Pain and suffering
- Past and future medical expenses
- Lost income
- Mental anguish
Injured Pedestrians Can Contact Madalon Law to Find Out What Their Case Might be Worth
If an individual would like to receive an estimate for what their case might be worth or learn about how a Fort Lauderdale, FL accident lawyer can help them fight for the compensation they are due, they can contact Madalon Law.
You can reach Madalon Law at:
100 N. Federal Highway, #CU5
Fort Lauderdale, FL 33301