If you were hit by a car while walking in Jacksonville, you probably have more questions than answers right now. Drivers don’t always slow down on roads like Beach Boulevard and Philips Highway, and a pedestrian takes the full force of the impact. The injuries can be serious, the bills come fast, and many people don’t know what they can claim. As a pedestrian accident lawyer in Jacksonville, FL, here is what we tell clients about compensation in Florida.
Types of Compensation in a Pedestrian Accident Case
Compensation falls into two groups. Economic damages are losses with a price tag, like hospital bills and missed paychecks. Non-economic damages cover harm that’s harder to count, such as pain, emotional distress, and how an injury changes daily life. Which ones apply depends on your injuries and how the crash happened.
Medical Bills and the Cost of Future Care
Medical bills are usually the biggest piece of a claim. They often start with the ambulance and emergency room, then grow to include hospital stays, surgery, medication, and months of rehabilitation. Broken bones and head injuries can need care long after the crash, so a claim can also include future treatment such as more surgeries, therapy, medical equipment, or long-term care. A doctor’s opinion on what you’ll need down the road supports that part of the claim.
Lost Income and Reduced Earning Capacity
Time away from work adds up fast. You can seek the wages you lost while recovering. If your injuries keep you from returning to the same job or working full time, you may also seek compensation for reduced earning capacity, which often relies on medical opinions and employment records.
Pain, Emotional Distress, and Lasting Injuries
Pain and emotional distress are real losses, even without a receipt. Anxiety around traffic, trouble sleeping, and missing the things you used to enjoy all count. If you’re left with a permanent disability or visible scarring, you may seek compensation for that as well. Florida’s no-fault law limits pain-and-suffering claims unless the injury meets a threshold, such as a permanent injury or significant scarring, so it helps to have your injuries evaluated early.
How Shared Fault Changes the Number
Florida uses modified comparative negligence. If you’re found partly to blame, for example for crossing outside a crosswalk, your compensation is reduced by your percentage of fault. If you’re found more than 50 percent at fault, you generally can’t recover anything. Insurance companies know this rule and often try to shift blame to the pedestrian. A pedestrian accident attorney in Jacksonville, FL can push back with evidence of what the driver did wrong.
Insurance Sources Beyond the Driver
Your own Personal Injury Protection (PIP) coverage is usually the first source for medical bills and lost income, up to $10,000. It can come from your policy, a relative’s policy if you live with them, or sometimes the vehicle’s policy. The at-fault driver’s bodily injury coverage may also apply, although many Florida drivers aren’t required to carry it. If the driver has little or no coverage, your own uninsured or underinsured motorist coverage may help fill the gap.
Evidence That Backs Up Your Losses
The strongest claims are well documented. Keep the crash report from the Jacksonville Sheriff’s Office or Florida Highway Patrol, medical records and bills, photos of the scene and your injuries, witness names, and any nearby video. Proof of lost income helps, and so does a simple journal of how your injuries affect your sleep, movement, and everyday tasks.
Florida’s Filing Deadline
For most negligence claims, Florida gives you two years from the accident date to file a lawsuit. Video gets erased and memories fade, so it’s better to talk to an attorney well before the deadline.
Talk With a Pedestrian Accident Lawyer in Jacksonville
If you or someone you love was hit by a car, call the Law Offices of Henry E. Gare at (904) 387-6101 or contact us online. As a pedestrian accident lawyer in Jacksonville, FL and a pedestrian accident attorney in Jacksonville, FL, we’ll go over your case, explain your options, and answer your questions.
Frequently Asked Questions
What compensation can I recover after a pedestrian accident in Florida?
You may recover medical expenses, lost wages, future care costs, and pain and suffering. The amount depends on your injuries and who was at fault.
Can I claim medical expenses after being hit by a car?
Yes. Your claim can include emergency care, surgery, rehabilitation, and future treatment. Florida’s PIP coverage may pay the first part, and the rest may come from the at-fault driver’s insurance.
Can I recover lost wages after a pedestrian accident?
Yes. You can seek the income you lost, plus reduced earning capacity if your injuries limit your work. Pay stubs and tax records help support this.
Is compensation available for pain and suffering?
Yes, if your injury meets Florida’s legal threshold, such as a permanent injury or significant scarring. An attorney can review your records early.
Can I recover damages for permanent injuries or disabilities?
Yes. Permanent disability, disfigurement, and long-term care needs can raise the value of a claim. Don’t settle before you know the full picture.
What happens if I was partially responsible for the accident?
Your compensation is reduced by your percentage of fault. If you’re more than 50 percent at fault, you generally cannot recover damages.
Does auto insurance cover pedestrian accident injuries in Florida?
Often, yes. PIP may pay up to $10,000, and the driver’s liability coverage or your uninsured motorist coverage may also help.
What evidence is needed to prove a pedestrian accident claim?
The police report, medical records, photos, witness statements, video, and proof of lost income. Video from businesses along roads like Beach Boulevard can disappear quickly.
How long do I have to file a pedestrian accident lawsuit in Florida?
For most negligence claims, two years from the accident date. Speak to an attorney well before the deadline.
Should I hire a pedestrian accident lawyer in Florida?
Yes, especially if your injuries are serious or fault is disputed. The consultation is free, and we work on contingency, so you pay no fee unless your claim is successful.
