Fort Myers Pedestrian
Accident Attorney

A pedestrian accident happens when a car strikes a pedestrian, which happens frequently in crowded areas and where cars travel at high rates of speed. It can happen in quiet neighborhoods, as well. In fact, Florida has the highest rate of pedestrian deaths in the United States.

A driver might not see a pedestrian or would leave the road and strike a pedestrian on a sidewalk for many reasons, including:

• Distracted driving
• Driving under the influence of drugs or alcohol
• Turning right on red
• Poorly lit roads
• Poorly marked crosswalks

Nearly half of all pedestrian accident deaths are caused by a driver who has been drinking. While pedestrians should look both ways before crossing a street, they can only take so many precautionary steps to prevent an accident. When drivers decide to drive after drinking, they will have delayed reaction time, so even if they see a pedestrian, their brains may not respond quickly enough to avoid an accident.

The injuries you suffer from this unfortunate accident could prove catastrophic. You may end up with a severely altered life, one where your loved ones must carry additional and unnecessary financial burdens, all because someone else made a mistake.

Far and away, this question is the most frequently asked question we receive from clients and prospective clients alike. We understand why it matters. To fully recover from your injuries, you will need sufficient money to cover your medical expenses and your lost wages. All the more reason to work with a Fort Myers pedestrian accident attorney whom you trust.

Unfortunately, it’s difficult to determine the exact value of a case without all of the facts and significant analysis of those facts.

What we can tell you is that we can work together to maximize your compensation by seeking the following damages:

• Pain and suffering
• Emotional distress
• Lost wages
• Lost earning potential
• Present and future medical bills
• Rehabilitation costs
• Loss of companionship

When you suffer injuries after a pedestrian accident, your focus should center around your physical and mental recovery. The only way to completely do that is to let go of the legal stress and worry and place that on a trusted pedestrian accident lawyer who has experience handling cases in Fort Myers.

While most pedestrian accident cases settle out of court, your pedestrian accident case may go to trial. That’s why you need to choose a lawyer with trial experience, so you can ensure that you have the right legal counsel by your side, if you do end up needing to take your case to trial.

Trials are expensive and time-consuming. This is true for both parties, and that’s why both parties are incentivized to settle. However, in some instances, the insurance company representing the at-fault driver may refuse to act with reason and settle for a fair amount. When this happens, your case may go to trial, but only with your consent and only if your attorney thinks that taking your case to trial will maximize your ultimate compensation.

Many victims believe that if their case is most likely to settle, then they do not need to hire a lawyer at all. Unfortunately, that is exactly what the insurance company wants you to think. The insurance company has a better chance of making you go away for less money if you do not have legal representation.

Many insurance companies will also try to use your own words against you. When you speak with the insurance company representing the at-fault driver, the company’s representative will most likely record your statements. Even if you say something innocent, but that suggests you may have played some part in the accident, the insurance company will use those words to deny your claim and withhold payment. Fortunately, your lawyer will speak on your behalf and make sure there are no statements that could be construed as admitting fault for the accident.

In fact, many insurance companies try to offer victims a quick settlement, well before they have a chance to retain a lawyer. Companies do this because they know that a lawyer will review the settlement offer and likely conclude the offer is too low for his or her client’s needs. When you work with a trusted pedestrian accident attorney, however, he or she can help you create an accurate estimate of the total value of your claim. When you do this, you will likely realize that the initial settlement offer from the insurance company was grossly undervalued.

However, if you sign the settlement offer and then later realize that it did not include enough funds to cover all of your needs, it’s too late. By signing the settlement offer, you generally agree to waive your future right to bring any claim against the insurance company for this accident. Even though your settlement funds were not enough, you have no recourse.

To avoid this situation, you should retain an experienced Fort Myers pedestrian accident lawyer by your side from the beginning. Your legal counsel can help you avoid a situation where you end up in financial hardship because you did not recover enough money to cover your needs.

This is another question that has an unsatisfying answer, but it depends. Most pedestrian accident cases last between a few months and a year. If your case is fairly simple, it may wrap up quickly; if your case is more complicated, it will take longer.

We know that, from your perspective, your case is cut and dry. You know the driver hit you, and you know that you did nothing wrong. Unfortunately, pedestrian accident cases generally require more evidence, and that usually means it takes more time. However, you should not think of more time as being completely negative. Taking our time means that we can fully investigate your pedestrian accident and make sure your medical prognosis follows initial estimates.

While we do not want this to happen, it is certainly possible that your physical recovery goes in the wrong direction. You may need more surgeries, longer hospital stays, and more intense rehabilitation. All of this costs a great deal of money, and if you settle your case too quickly, you may end up needing to pay for some of your expenses out of pocket.

Your ability to recover compensation relies heavily on the skill of the lawyer whom you choose to represent you, so work with an experienced and seasoned pedestrian accident injury attorney in Fort Myers.

Nearly 20 percent of pedestrian accidents involve drivers who lack adequate insurance. If you’re involved in such an accident, and if the driver who struck you did not have any or adequate insurance coverage, you may have to file a claim with your own insurance company.

This may lead your insurance rates to go up, all from an accident you played no part in causing. We look to avoid this tragic situation as often as possible. That’s why we look to investigate the circumstances of your accident and look to hold any negligent party liable, including the at-fault driver. If, for example, the driver was drunk, we could try to hold the bar that over-served him or her partially liable for your injuries and help you recover damages from the bar, along with the driver.

This is just one way in which a skilled pedestrian accident lawyer can help you get every dollar you deserve. Your physical well being should be your focus right now, and it is precisely why we align our goals with yours.

Depending on the circumstances surrounding your pedestrian accident, the police may have cited the driver with a violation at the scene. If the violation was bad enough, like being over the legal limit for blood alcohol content, the state might even charge the driver with a crime.

However, don’t mistake a criminal charge with your ability to recover damages from the at-fault driver. A criminal charge simply means that the state prosecutor has charged the driver with a crime. Even if the driver is found guilty of the crime, it doesn’t necessarily guarantee that you will recover compensation.

Contrast this with filing a pedestrian accident claim. When you take this path, that helps to ensure that you recover compensation for your injuries, for what the driver has made you suffer. You cannot simply rely on a criminal case to recover damages for your injuries and your suffering.

You should file your claim as soon as possible. Under Florida law, you only have four years from the date of your accident to file a pedestrian injury claim against the negligent party.

Four years might sound like a long time, but think about everything that you have to deal with during that time.

• Extended hospital stays
• Lengthy periods of time out of work
• Multiple doctor visits
• Many surgeries
• Extensive rehabilitation

Your recovery may last for years. In the worst cases, recovery never ends; injured individuals endure suffering for the rest of their lives. Clearly, you will not think about a pedestrian accident claim or your legal case strategy if this is the case.

When you work with the right Fort Myers pedestrian accident lawyer, he or she will work hard to collect every dollar that you deserve while you work hard to make a complete physical recovery. When you contact a lawyer soon after your accident, your lawyer can get to work while the accident scene and witness memories are fresh, further increasing the chances of success. If you wait too long, you may end up paying out of pocket for your medical expenses.

When pedestrian accident victims attempt to negotiate their own settlements, it often results in them getting less money than if they worked with a skilled lawyer. That often results in victims having to pay for their own medical expenses and enduring financial hardship, all because of an accident that they played no part in causing.

Do not let this happen to you. Do not delay another day. Your ability to recover from your traumatic experience depends on you making the right choice today. Speak with our experienced Fort Myers pedestrian accident lawyers today.