Each pedestrian accident claim involves unique facts, situations, and circumstances. Here are answers to frequently asked questions about such claims in New Port Richey.
What do I do after a pedestrian accident in New Port Richey?
Right after the accident, you should remain calm as possible. Move to a safer spot until the first responders come to the rescue. If your injuries aren’t severe, check whether other accident victims need immediate medical help, and call 911 if they do. Most importantly, don’t admit fault. In other words, avoid saying you’re sorry or didn’t see the incoming vehicle or something else in those lines.
Keep in mind that the things you do and say in the hours or days following the accident can significantly impact your ability to recover substantial compensation. You can better your odds of winning your claim by following these steps.
Step 1: Seek medical attention
If involved in a pedestrian accident, seek medical attention immediately. That’s even if you feel or believe you’re not seriously injured. Seeking medical attention diagnoses and treats your injuries and creates an official record documenting them, their degree of severity, and current and possible future treatments and their costs. Note that delaying to see a doctor may imply your injuries were not serious, which can give the defense a reason to devalue your claim.
Here’s a list of medical hospitals you can contact to arrange for a medical evaluation:
- New Port Richey Surgi Center: (727) 848-0446
- Medical Center of Trinity: (727) 834-4000
- Morton Plant North Bay Hospital: (727) 842-8468
- Medical Center of Trinity West Pasco Campus: (727) 845-9180
- DocMJ: (888) 908-0143
Step 2: Record information about the incident/accident
Memories fade with time, making accounts of the accident unreliable. As such, note down as many details about the incident as possible, and if possible, right after the accident. Examples of facts you can record include:
- Pictures of the crash scene
- Snapshot of the driver’s vehicle
- The driver’s name and other identifying information
- Police report
- Applicable insurance information
- Images of the crash scene
- Identification details of witnesses to the crash
Step 3: Report the accident to your auto insurance company
Florida’s no-fault insurance will be the primary coverage for damages resulting from the accident. That means in the case of a child, the PIP insurance of their guardian will apply. If the victim is an adult and lacks PIP coverage, the at-fault driver’s auto insurance becomes the primary coverage. You must, however, seek medical attention within 14 days of the crash to receive the no-fault benefits.
Step 4: Get a police report.
Report the accident to the City of New Port Richey Police Department at (727) 841-4550 ext. 1, or the nearest police station. The goal is to have the crash documented. In case of severe injuries or property damage, call 911 instead. Cooperate with the police as they conduct their preliminary investigation, but don’t admit fault or apologize.
Step 5: Retain legal counsel.
Retaining a pedestrian injury lawyer is essential. For one, the lawyer can leverage their years of experience to smoothen the legal process. They are better poised to evaluate your case and negotiate a fair settlement, or fight your case in court, if necessary—all while observing the strict statutes of limitation.
Having an attorney can make it easy for you to ignore efforts by adjusters to coerce you into accepting lowball settlements. Instead, you can direct all conversations and questions to your pedestrian accident lawyer.
Who is liable for my pedestrian accident injury in New Port Richey?
Driver’s fault in pedestrian accidents: Florida road traffic law requires drivers to be alert to road hazards when driving. If the driver forfeits their obligation, they may be considered liable for the crash. A driver may be considered at fault if:
- They owed the pedestrian a duty of care (to drive reasonably)
- They breached their duty of care (drove unreasonably)
- The breach of care caused or contributed to the accident
- And the victim died or suffered injuries as a result
A driver may be deemed negligent for:
- Not using turn signals
- Driving under the influence
- Over speeding
- Driving while distracted
- Failing to yield the right-of-way to pedestrians at crosswalks, etc.
What should I expect after filing a pedestrian injury claim?
Pedestrian accident victims mainly use auto insurance claims to obtain their deserved financial compensation, whether in or out of court. Civil litigation undergoes specific proceedings. Of course, each case is unique, but here’s a typical process.
- You consult with an experienced pedestrian injury lawyer about your claim. The goal is to ensure you have a case before investing your time and resources. A lawyer also helps check whether the Florida statute of limitations expired.
- Your legal counsel conducts a preliminary investigation to understand your background, facts, and circumstances surrounding the accident, etc.
- The lawyer gathers relevant medical records and reviews them to gauge whether you have a case.
- If you have a case and have attained maximum medical improvement, the lawyer may send a demand letter to the liable carrier. That is a letter detailing your injuries and circumstances surrounding the crash. The letter of claim also explains why the defendant is deemed responsible for any damages.
- The liable insurance carrier will then investigate the claim and give feedback stating whether or not the fault lies.
- While awaiting the feedback, your pedestrian accident attorney can gather relevant evidence to support your claim and quantify your damages.
- If liability is accepted, your lawyer will negotiate with other parties in an attempt to reach reasonable compensation.
- If the insurer denies liability, the lawyer may file a lawsuit—particularly if you sustained a permanent impairment.
- In the discovery phase, the period awaiting trial, your attorney will investigate the defendant’s defense points and legal claims. They will make relevant inquiries and take witness depositions.
- After the discovery phase, your lawyer may continue to negotiate for fair compensation—enlisting the help of a mediator if need be.
- If the parties cannot agree on reasonable compensation, the claim may go to trial, in which case you may need to attend a hearing.
- If the lawsuit is successful, you may be awarded compensation by the court. Your attorney can assist you in collecting any court-ordered damages.
How much is my pedestrian accident claim worth?
Each personal injury claim is unique, and the value varies based on several factors, including:
- The severity of the injuries
- Whether you experience temporal or permanent disability
- How do injuries impair your income earning potential?
- How you’ve been affected psychologically and emotionally
- How have your injuries affected your ability to enjoy life?
- Your proportionate responsibility in causing the accident
- The at-fault driver’s level of insurance coverage
- Whether you have included all the damages when calculating your case value
- Your patience during the claim and settlement process, etc.
Overall, compensations include economic damages, non-economic damages, or both.
Economic damages are compensations for specific financial losses you incurred due to the accident. They include:
- Current medical expenses, including surgery, medication, and hospitalization
- Future medical bills including therapy, rehabilitation, and cost of medical equipment
- Lost wages
- Nursing care and support
- Reduced earning capacity
- Funeral expenses if the accident is fatal
Non-economic damages include an amount for less-tangible losses like:
- Emotional stress
- Pain and suffering
- Mental anguish
- Loss of consortium
- Post-traumatic disorder
- Lost enjoyment of quality life
- Disfigurement and scarring
In some cases, you might be eligible for punitive damages, but only if the liable party intended to harm you or acted with gross negligence.
How much time do I have to file a claim in New Port Richey?
Florida’s statute of limitations for personal injury claims is four years starting from the date of the accident. Take care to ensure that your injuries are diagnosed and treated to maximum medical improvement promptly, allowing your attorney time to send a demand package well before the statute of limitation expires.
There are a few exceptions to the 4-year limitations; however, some may work against you. For example, if you believe the city is responsible for your accident, you’ll have less time than four years to file a claim. You’re, therefore, better off contacting a lawyer immediately after the accident to discuss your case and legal options.