Common Mistakes to Avoid When Filing a Pedestrian Accident Claim in Florida

When a pedestrian accident disrupts your life, filing a claim might seem like a clear path to recovering damages for losses. However, mistakes during this process can jeopardize your claim. Understanding and avoiding these errors from the start is critical to securing a fair settlement.

At Dismuke Law, we’ve seen how missteps can delay or diminish compensation. With our Florida Bar Board Certified Civil Trial Lawyer, David C. Dismuke, and a dedicated legal team by your side, we guide you through each step of the pedestrian accident injury lawsuit to ensure your rights are protected. Below are some of the biggest offenders of mistakes that we’ve seen individuals make after being injured as a pedestrian in Florida.

Mistake #1: Failing to Seek Immediate Medical Attention

One of the most critical mistakes to avoid is delaying medical treatment after a pedestrian accident. This delay not only jeopardizes your health but also your claim. Even minor injuries can become major injuries over time, and insurance companies may use gaps in care to question the severity of your injuries.

Ensure you see a doctor as soon as possible and document all medical visits, treatments, and expenses. This will support your recovery and strengthen your case by demonstrating the connection between the accident and your injuries.

Mistake #2: Not Collecting Adequate Evidence at the Scene

One of the biggest mistakes to avoid is neglecting to gather evidence immediately after the pedestrian accident. Without photos of the scene or witnesses’ contact information, proving the other party’s fault and liability in your injury claim becomes much more difficult.

If your injuries prevent you from collecting evidence, enlist the help of someone you trust or notify law enforcement to document the scene comprehensively. Evidence collected early can provide a strong foundation for your case.

Mistake #3: Talking to Insurance Companies Without Legal Advice

Insurance adjusters are trained to minimize payouts. One strategy they use is asking for recorded statements early in the process that can be used against you later. Speaking with them without an attorney’s guidance may lead to unintentional errors or admissions that harm your claim.

Instead, direct all communication with insurers to your legal team. At Dismuke Law, we handle these discussions to protect your interests and ensure you are not taken advantage of during negotiations. When you pass their inquiries onto us, you can enjoy peace of mind and focus on your recovery.

Mistake #4: Underestimating Long-Term Costs and Damages

Despite the temptation of a quick payout, we highly encourage you to avoid settling too quickly without considering the full extent of your damages. Future medical treatments, rehabilitation, lost earning capacity, and emotional distress may not be immediately apparent, but all can be accounted for in your compensation claim.

Work with an attorney to calculate both current and long-term damages accurately. That ensures that any settlement offer reflects the accident’s full impact on your life.

Other Errors to Avoid That Could Weaken Your Florida Personal Injury Case

Certain oversights can significantly impact the outcome of your pedestrian accident claim. Avoid these errors to maintain a strong case:

• Delaying the filing process: Florida’s statute of limitations for personal injury claims is four years
• Posting on social media: Sharing details about your accident or recovery online can be used to dispute your injury claim
• Ignoring legal advice: Not following your attorney’s recommendations can create challenges in presenting your case

Handling a pedestrian accident claim alone can be overwhelming, especially while recovering from injuries. However, being mindful of these mistakes and working with an experienced legal team can empower you to prevent complications that weaken your claim, putting you in control of your case.

Contact an Experienced Florida Pedestrian Accident Injury Lawyer Today

The experience of being injured due to someone’s thoughtless actions while walking on Florida streets is a terrifying one that no one should have to go through. The minutes and days following the accident can be a blur of confusion and pain. That’s why our pedestrian accident lawyers at Dismuke Law focus on educating our clients on handling their personal injury claims with precision and care to avoid common mistakes. 

Suppose you’ve been injured in a pedestrian accident in Florida. In that case, the attorneys at Dismuke Law have the knowledge and resources to advocate for your rights and secure the compensation you need. Since 2015, our firm has fought tirelessly for injured victims, including pedestrians who have been hurt throughout Central Florida. Contact our office today if you’d like an honest, straightforward assessment of your pedestrian accident case. Call us at (863) 250-5050 or complete a contact form to schedule a free consultation.