Pedestrian
Accident
At Kremenchuker Law Group, our pedestrian accident attorneys are dedicated to guiding every party through the aftermath, regardless of the level of responsibility. With experience in hundreds of similar cases, we’ve built the expertise necessary to effectively manage lawsuits involving payouts from insurance and other means, injury settlements, fault determination, and with aggravating factors.
We handle a variety of pedestrian accident cases, including:
Protecting the victim’s interests when dealing with the insurance companies, especially when they try to cut down payouts for treatment, medications, missed work, rehab, and so on.
Establishing liability in pedestrian accident cases: collecting evidence, listening to witnesses, and figuring out who was at fault.
Professional legal support in cases marked as a serious offense, providing experienced legal support to secure the pedestrian’s rights and pursue maximum compensation.
Complex lawsuits involving fatal accidents or long-term consequences, that require a professional who can represent the victim or their family and prepare the papers for court.
If the driver runs off, we handle everything — talking to insurance, working with the police, checking cameras, and using UM coverage so you can still get paid.
When a minor is injured, the law and courts take the situation more seriously, and our team works to secure higher amounts.
Our approach to pedestrian accident cases includes:
01
Detailed Investigation
We thoroughly investigate the accident to gather evidence and build a strong case.
02
Expert Negotiation
We negotiate with insurance companies to secure the best possible compensation
03
Continuous Support
We guide you through the entire legal process, from filing a claim to achieving a resolution
We provide personalized legal solutions
Extensive experience
Our team has extensive experience handling a wide range of legal cases in Fort Myers and North Port
Successful results
We are proud of our successful case outcomes and the trust our clients place in us.
Multilingual support
We offer services in Russian, Ukrainian, Spanish, French, and
English to better serve our diverse community.
Direct attorney access
You work directly with your attorney and can reach us when you need updates or answers
Free case evaluation
Our lawyers will contact you for a brief consultation and explain what steps can be taken
Need to contact us immediately?
Call 239-995-3425 or email us at leo@99legal.com
Medical Expenses
The compensation is based on the actual cost of medical treatment. The value ranges from a few thousand dollars for minor injuries to hundreds of thousands for severe, long-term injuries requiring extensive treatment.
Medical expenses are usually challenging to prove, but issues likely arise if treatment was delayed or not well-documented.
Future Medical Care
Future Medical Needs compensation covers the anticipated cost of ongoing or long-term medical treatment required after a car accident. This includes expenses related to rehabilitation, surgeries, therapy, or lifetime care for permanent disabilities. Settlement values typically range from $50,000 to several million dollars, depending on the severity of the injuries and the expected duration of care.
This type of compensation carries a high level of risk, as it depends heavily on expert medical testimony to accurately forecast future health conditions and related expenses.
Loss of Earning Capacity
Loss of Earning Capacity refers to compensation for the reduced ability to earn income in the future due to accident-related injuries or disabilities. The amount is estimated based on projected lost wages over the person’s remaining working years and can vary from tens of thousands to several million dollars, depending on factors such as age, occupation, education, and injury severity.
Proving this type of loss is complex, requiring detailed evidence of prior earnings, career trajectory, and expert economic analysis to clearly link the injury to diminished earning potential.
Vehicle Damage
Vehicle Damage compensation covers the cost to repair or replace a vehicle damaged in a car accident. The claim may include the cost to restore the car to its pre-accident condition or the fair market value if it is declared a total loss. The settlement amount depends on the vehicle’s age, make, model, mileage, pre-accident condition, and repair costs. Minor damages usually cost $500–$5,000 to fix, while severe damage or total loss can range from $10,000 to $100,000 or more, especially for newer or luxury cars.
Insurance adjusters or auto appraisers typically determine the final amount. Proving vehicle damage is usually straightforward with photos and repair estimates, though disputes can arise over pre-existing issues, depreciation, or total loss valuation.
Physical Pain
Physical Pain compensation addresses the physical suffering and discomfort caused by injuries sustained in an accident. It includes both immediate pain following the crash and ongoing pain experienced during recovery. The value is often calculated using a multiplier method, where medical expenses and other quantifiable damages are multiplied by a factor—typically between 1.5 and 5—based on the severity and duration of the pain.
Pain and suffering damages are inherently subjective, requiring comprehensive medical documentation, doctor testimony, and sometimes personal pain journals. The challenge lies in proving the lasting impact of the pain, especially if visible injuries appear healed or documentation is incomplete.
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Frequently asked questions
In what situations should I definitely contact a pedestrian accident lawyer for assistance?
It’s a good idea to consult a lawyer, especially if you’ve suffered serious injuries, if there are aggravating circumstances, or even if you’re simply unhappy with the payout.
Can a person on foot be at fault in a pedestrian accident?
Yes, they are obligated to obey traffic laws, and if their activities result in an incident, they may be held legally liable.
Should I still talk to a lawyer if the insurance company agreed to cover my damages?
If the issue was settled peacefully and you’re fully satisfied with the compensation, legal assistance is likely not required.
What are the aggravating factors for a driver that can boost the pedestrian’s compensation?
If the driver violated motor vehicle laws, was distracted while driving, used a phone, was not sober, or attempted to flee the scene, these factors can expand the amount.
Is compensation possible when all participants in traffic share blame for the incident?
Yes, in such cases, each party’s level of responsibility is determined, and the insurance payout is calculated accordingly.
Don’t delay — time is limited
Under Florida law, you have two years to file a personal injury claim. Missing the deadline can mean losing your right to full recovery.
Check out our full range of services
Pedestrian Accident Lawyer in Fort Myers, North Port and beyond
Florida state statistics show some of the highest rates of accidents involving cars and pedestrians. Of course, in practice – as observed by our pedestrian accident lawyers in Florida – the fault most often lies with the person operating the vehicle, although there are many cases where both parties share a percentage of the blame. Drivers are more often at fault because they tend to speed, use their phones, miss warning signs, and sometimes ignore traffic signals.
However, pedestrians also often break the rules, crossing the road where they shouldn’t or stepping into the road while drunk. That’s why, if this has happened to you, contact a pedestrian accident lawyer as soon as possible, whether you were driving or walking. Professional advice, and often legal help and proper representation, is necessary for both sides.
The magnitude of a case is always determined by the circumstances, and the police report is based directly on those details. This report later serves as the basis for the insurer or the court to define the blame for each party involved.
Our lawyers work with drivers who are facing charges. There are conditions where drivers should not speak to the police or the other party without legal support:
- when the circumstances are unclear, or the non-driver violated traffic rules (that’s when we advocate for presenting the facts properly and make sure all the blame doesn’t fall on the motorist);
- when the harmed party’s insurance agent tries to push for restitution that doesn’t reflect the actual harms (we defend the driver’s interests by reviewing the evidence and handling negotiations).
- when the driver faces potential civil liability (we examine the facts and, if possible, work to prevent our client from receiving any aggravating circumstances);
- when the police are planning to charge the driver with a traffic violation, especially in cases involving disputes over speed, attentiveness, signal lights, or pedestrian crossing rules;
- and particularly in subjects of a fatal casualty. Even if a person walking broke the regulations, we stay actively involved because these cases require legal protection due to the high level of obligation and risk of serious charges.
Our lawyers in Fort Myers and North Port are specialists who primarily provide legal assistance to individuals who were not behind the wheel. If the issue is resolved through insurance, the person might not need to contact us at all. But if there are occasions they’re unhappy with, it’s always a good idea to get a legal consultation:
- You may need us when you’re dealing with serious injuries and the opposing insurance representative tries to lower the payout or delay the process.
- If the driver firmly denies responsibility or there’s a dispute over who’s at fault, these factors directly influence the final compensation.
- When you’ve suffered more serious physical and emotional harm, and basic hospital bill coverage just isn’t enough for you.
- When there are aggravating factors – like a distracted driving accident, the driver had consumed alcohol or narcotics, fled the scene, or was speeding.
- Or when a pedestrian was killed and you, as a family member, want to hold the driver accountable and battle for your moral and financial rights.
In any case, Kremenchuker Law Group is one of the top Florida law firms specializing in pedestrian accident cases. Contact us for support – we help sufferers of traffic-related incidents secure fair payment and pursue justice.