What makes a pedestrian accident claim different
Pedestrian and cyclist collisions produce catastrophic injuries because there is nothing between the person and the vehicle. These claims often turn on right-of-way, lighting and visibility, and whether a crosswalk was marked — and injured pedestrians can often claim under their own auto policy even though they were not in a car.
In practice, most pedestrian accident claims are won or lost on right-of-way and crosswalk evidence, and finding coverage through the pedestrian’s own household auto policy.
The deadline that governs your claim
Florida shortened the filing period for most negligence claims from four years to two years in March 2023. Claims that arose before that change are generally governed by the older four-year period, and some claim types run on their own clocks — wrongful death is two years from the date of death, and claims against a government entity require written pre-suit notice on a shorter, stricter timeline.
Once the period expires the claim is normally gone, however strong it was. If you are near the edge of one, that is the reason to get advice now rather than later.
Being partly at fault does not end the claim
Florida applies modified comparative negligence: your recovery is reduced by your share of fault, and if you are found more than 50% responsible you recover nothing. Medical negligence claims are excepted from that bar. This is why insurers work so hard to move fault onto the injured person, and why a recorded statement given early can be expensive later.
What you can recover
- Past and future medical treatment
- Lost wages and lost future earning capacity
- Rehabilitation, assistive equipment, and long-term care
- Pain, suffering, and loss of enjoyment of life
- Punitive damages, where the conduct was intentional or grossly negligent
On a serious claim the future figures usually dwarf the bills already incurred, and valuing them properly means projecting a lifetime of care and earnings and then defending those projections against the other side’s experts.
Other Florida injury claims we handle
- Personal Injury
- Car Accidents
- Truck & Commercial Vehicle Accidents
- Motorcycle Accidents
- Wrongful Death
- Dog Bites
- Premises Liability
This page is general legal information about Florida law, not legal advice about your situation, and statutes change — the filing deadline discussed above was itself amended in 2023. Reading it does not create an attorney-client relationship. Speak with a Florida-licensed attorney about the rules that apply to your claim.
