Having no protection as a pedestrian leaves you vulnerable to serious injuries during an accident. The severity of these injuries can only intensify when you hit the ground after a car, truck, motorcycle, or bicycle strikes you. As a result, you may face weeks in the hospital and debilitating pain. While trying to regain your independence, holding the liable party accountable may seem insurmountable.
However, a Cocoa pedestrian accident lawyer at Andrew Pickett Law can step in and take charge of your case. You can count on us to build your claim and go after the damages you need—all while keeping in constant communication with you. Your only responsibility is to focus on getting better.
How a Cocoa Pedestrian Accident Lawyer on Our Team Will Lead Your Case
Going through the legal process on your own can be intimidating and confusing, especially when you’re recovering from serious injuries. Instead, have one of our pedestrian injury attorneys assume your case’s responsibilities, including:
Gathering Evidence To Support Your Case
Evidence will establish the timeline of the accident and its aftermath. Pieces of evidence we can use to build your case may include:
- Your medical records
- Traffic camera footage
- Eyewitness statements
- Photos of your injuries and the accident scene
- The police report from the Cocoa Police Department
- Traffic citations
These items can support your pedestrian accident case. If you have any piece of information that could bolster your case, bring it to your attorney. Even the smallest shred of information could secure a favorable outcome.
Proving Who Was Responsible for the Pedestrian Accident
Many pedestrian accident cases require us to prove negligence. Using your case’s supporting information, we will establish:
- Duty of care: First, we must show that the other party should have acted with reasonable care. For instance, all motorists must yield to pedestrians when they have the right-of-way, per Florida Statutes § 316.130(a).
- Breach of duty: Then, we must establish that the other party acted carelessly or recklessly, breaching their obligation to act with reasonable care.
- Causation: The other party caused your accident and injuries.
- Damages: You have various damages stemming from the accident.
Possible parties who could bear fault for your accident could include:
- A driver: If they failed to yield to you, failed to follow traffic signals, or didn’t exercise caution at a crosswalk
- A motorcyclist: If they were distracted or weaving in and out of lanes and hit you in the process
- A government agency: If it failed to fix a faulty crosswalk sign or another roadway hazard
Sometimes, more than one party could be at fault for a pedestrian accident. Your attorney can name each of them and seek compensation based on your situation.
Maintaining Communication with Other Parties
It’s not uncommon for the other party’s insurance company to ask for a recorded statement immediately after the collision. Beware, though. The adjuster may use what you say to their advantage and find a way to discredit your case. So, if they ever call you, give them your attorney’s contact information, and we will take all communications from there.
You can rest easy knowing that your lawyer will safeguard your rights while they go back and forth with the insurance company. We are aware of certain tactics insurers use to undervalue or delay claims, so we will ensure that they do not act in bad faith.
Negotiating a Settlement that Covers Your Losses
Once we understand the cost of your damages, we will enter into negotiations with the liable insurer. Usually, we can reach an agreement out of court, but if we can’t, we have no problem going to trial.
Attorney Andrew Pickett is a former prosecutor. He has even tried to verdict over 50 cases over the last 10 years, so you can count on us to go after everything you need.
Damages Pedestrian Accident Victims in Cocoa Can Recover
Pedestrian accidents can leave victims with severe injuries, such as broken bones, spinal cord injuries, traumatic brain injuries (TBIs), and musculoskeletal injuries. The medical bills to screen and treat these injuries can add up quickly. Luckily, you can claim these and other anticipated healthcare costs in your case.
Compensable losses in your case may include:
- Lost job-related benefits. Getting hurt in an accident can also put you out of work, causing you to lose income now and in the future. Financial recovery can account for any harm to your earning power.
- Pain and suffering. Compensation doesn’t just cover the financial harm you sustained. It can also cover emotional and physical harm. We will determine how much you can seek for pain and suffering after evaluating your case.
Other compensable losses in your case could include scarring, disfigurement, and disability. We want to resolve your case with the best possible financial outcome.
We Will Pursue Financial Recovery if You Lost a Loved One in Cocoa
According to the Florida Highway Safety and Motor Vehicles (FLHSMV), of the total 259 pedestrian accidents in 2021, 28 people lost their lives. If you lost your loved one due to their pedestrian accident injuries, you may recover wrongful death damages, including:
- Funeral and burial expenses
- Loss of consortium
- Final healthcare expenses, such as hospice or life support
- Your loved one’s lost earnings
We want to recover everything you need and deserve. During your free case review, we can discuss your case in more detail and explore your financial recovery options.
The Deadline for Seeking Compensation After a Florida Pedestrian Accident
Florida puts strict time limits on those filing lawsuits against parties responsible for pedestrian accidents. Per Florida Statutes § 95.11(3)(a), most people have four years to bring a personal injury lawsuit. Florida Statutes § 95.11(4)(d) dictates that the state cuts that time frame to two years for those filing wrongful death lawsuits.
Exceptions to these statutes are uncommon, so make sure you start your case now. If you don’t meet the deadline, you could lose the right to seek damages––leaving you with high accident-related losses.
Work with Our Cocoa Pedestrian Accident Lawyers Today
At Andrew Pickett Law, we put our clients first and ensure they feel comfortable and valued throughout their time with us. Our head lawyer, Andrew Pickett, will even personally meet with you at the beginning of your case. He strives to build a personal relationship with each client he comes across.
Contact us today for a free consultation. We work on a no-win, no-fee basis, so you pay nothing up front for our help.
