When it comes to contacting a Stuart injury attorney and moving forward with litigation against the negligent party in a pedestrian accident case, time is of the essence. Crucial evidence can easily slip away if a case is not promptly and thoroughly investigated.
Car Crash Attorneys Serving the Stuart Area
Florida is a beautiful state with weather that makes it possible for residents and visitors to engage in outdoor activities practically all year. While fresh air and exercise are important to health, there is also an inherent danger when more time is spent outside, such as when people are walking or shopping in congested areas. This is the possibility of accidents involving pedestrians and motorists. If you or a loved one has been struck by a negligent or reckless driver, the Stuart car accident lawyers at Donaldson & Weston can help.
Bringing a Negligence Claim as an Injured Pedestrian
Pedestrian accident cases are typically governed by the law of negligence. This principle applies when a person, business, or governmental entity has failed to use the degree of care that would have been used by a reasonably prudent person or entity under the same or similar circumstances.
There are four crucial components of a negligence case: duty, breach of duty, causation, and damages. A duty is an obligation that the law places on someone to act in a certain manner in order to avoid creating foreseeable risks of harm for others. A breach occurs when there is an action or failure to act that falls short of the appropriate duty in the situation. Causation is a direct link between the defendant’s breach of duty and the victim’s injuries. Damages refer to the costs and losses that resulted.
Proving negligence in a pedestrian accident case often requires anticipating and responding to arguments raised by the defense. In some situations, a defendant will raise the doctrine of comparative fault, a legal rule that reduces the monetary value of a settlement or judgment in proportion to the plaintiff’s percentage of fault in causing an accident. For example, if a plaintiff is found to be 25 percent at fault for an accident that results in damages of $100,000, he or she still can potentially receive up to $75,000 from a defendant who is held liable.
Since pedestrians lack any protection from cars and trucks, the harm that they suffer when they are struck unfortunately may be devastating. Damages may include reimbursement for past medical expenses and lost wages, compensation for future medical costs and lost earning capacity, pain and suffering, loss of enjoyment of life, scarring and disfigurement, and loss of consortium for a victim’s spouse. As these examples show, damages may be both objective and subjective, covering both economic and non-economic costs and losses. In cases of particularly egregious conduct by a defendant, there is also the possibility of punitive damages.