Claims filed by a pedestrian hit by car can be complex, as various legal and situational factors influence them. In this article, we’ll guide you through the key elements to understand and navigate these claims effectively.
Filing a Claim After a Pedestrian Accident
When a pedestrian hit by car seeks compensation, the process can be complex and involves multiple steps. Below, we break down the essential elements of filing a claim properly.
Reporting the Accident and Filing Your Claim
According to the Florida Highway Safety and Motor Vehicles (FLHSMV), as outlined in Florida Statute 316.065, drivers involved in accidents must report the incident under specific conditions, such as:
- Injuries or fatalities.
- Property or vehicle damage estimated at $500 or more.
Drivers can file a report with their local police department, complete a “Driver Traffic Accident Report (Self-Report)” online, or use a downloadable form available at FLHSMV’s website.
The timeline to file a personal injury claim for injured pedestrians is outlined in “The Florida Tort Statute, as amended in 2023,” specifically section 95.11. Injured parties must file within two years to ensure eligibility for compensation.
Gathering Evidence to Strengthen Your Case
When a pedestrian hit by car is physically able, it is crucial to gather evidence from the scene. This includes:
- Photographic or video evidence.
- Witness statements.
- Contact and insurance information from the driver.
If injuries prevent evidence collection, Florida law shifts the responsibility to the driver, as explained in the 2023 edition of “The Official Florida Driver License Handbook” (page 77). If the driver fails to comply, a pedestrian accident lawyer can assist in retrieving evidence, including surveillance footage and witness testimonies.
Avoiding Common Mistakes When Filing a Claim
Certain errors can significantly impact the outcome of your claim and reduce the average settlement for car accident cases. These include:
- Submitting insufficient or poor-quality evidence.
- Filing your claim after the two-year statute of limitations results in automatic dismissal.
Proper preparation and timely action are critical to securing the compensation you deserve.
Average Compensation Amounts in Pedestrian Accident Cases
The average payout for pedestrian hit by car cases varies widely based on the circumstances. Let’s explore some common scenarios.
Drunk Driving Cases Yield Higher Compensation
When a drunk driver is involved, the average settlement hit by drunk driver incidents is typically higher due to the severe consequences outlined in Florida’s DUI and Administrative Suspension Laws. Even without injuries, driving under the influence can result in steep fines or imprisonment.
One notable example is the case of Isaac Sanchez, who was awarded $262.5 million in compensation after a drunk driver caused irreversible injuries.
Hit and Run Compensation Amounts
Florida Statute 316.027 defines hit-and-run accidents as illegal actions. The state’s “Stay at the Scene” initiative highlights the importance of drivers remaining at the accident site.
When a driver flees the scene, the hit and run compensation amount tends to be higher than in cases where the driver cooperates. This is because Florida law imposes strict penalties on drivers who evade their responsibilities.
Time Frame for Receiving Compensation
Many clients wonder how long it takes to receive a settlement after a pedestrian accident. Here’s what to expect.
How Long to Receive Your Settlement Check After Signing the Release
Once the payout is calculated and agreed upon, receiving your settlement check typically takes 4 to 6 weeks. However, this timeline can vary depending on specific factors.
Common Factors That Delay Settlements
Several factors may extend the wait time for a settlement check:
- Outstanding liens from medical providers.
- Legal fees that must be paid before distribution.
- Extended negotiations with insurance companies.
Having an experienced pedestrian accident lawyer ensures these delays are minimized.
Why Choose Louis Berk Law for Your Case?
When it comes to cases involving a pedestrian hit by car, having skilled legal representation is essential. At Louis Berk Law, we specialize in handling pedestrian-related car accidents and achieving favorable outcomes for our clients.
Our team understands Florida law and uses it to secure the best possible settlement for your case, whether it involves a hit and run compensation amount or a complex bodily injury settlement.
Contact Louis Berk Law today to work with a trusted legal partner and secure the compensation you deserve.
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