BOCA RATON PEDESTRIAN ACCIDENT LAWYERS

After getting struck while walking, the decision whether to hire a pedestrian accident attorney comes with many questions. Which law firm will be the best choice for my situation? Do they have experience with my kind of case? Will they settle quickly or will they fight for maximum compensation and if needed, go to court? Pedestrian accident cases move fast and it isn’t long until the other party’s insurance company may be contacting you. You are also dealing with pain, medical bills, and an unsure future.

If you were hit while walking in Boca Raton, you may be entitled to compensation. Call our pedestrian accident lawyers today at (561) 367-7799. We will fight on your behalf and create a compelling case to maximize your recovery so that you can rebuild your life.

After You’ve Been Hit: What to Do Immediately

Get Medical Care Quickly

Not every injury shows up right away. Adrenalin kicks in and may leave you thinking that your injuries are just minor, but the next day you may have pain you didn’t have before. Even if it seems manageable, medical attention should always come first. Without it, there’s no documentation to connect the crash to the injury.

Insurers review timelines. If there’s a delay, they may question the cause. A simple note in a medical file can affect how the case is handled. It helps to have early records. Scans, if they’re available, add clarity. Follow-up visits, when advised, are also key to your case being as detailed as possible.

Our pedestrian attorneys will review the treatment history and look for gaps that could be used against you. Getting that timeline right at the beginning can prevent problems later.

Save What You Can

Physical evidence fades and traffic camera footage can be erased within days. Businesses don’t always keep video unless someone is asking for it, something our attorneys will do during the case process.

Clothing worn during the crash may help. So can photos from the scene or contact information from witnesses. If none of that was collected, it’s still possible to recover some of it, but not for long.

Our lawyers request available footage, contact businesses to preserve records, and keep a record of what was requested—even when it’s no longer available. That doesn’t guarantee results, but a documented effort is better than none.

Limit Communication

After the crash, it’s not unusual to get a call from the driver’s insurance company. They may ask for a statement or clarification. It’s better not to respond. There’s no requirement to explain anything beyond the official report.

In some cases, people say things that seem harmless but get taken out of context. A few words can shift how fault is viewed. Even something vague like “I didn’t see them” can be used to reduce the claim.

Once our pedestrian accident lawyers are involved, they handle all contact with the other side. That helps keep the facts from being shaped by early comments or assumptions.

Before You Hire a Pedestrian Accident Lawyer in Boca Raton

Know the Statute of Limitations for Filing a Case

Florida’s statute of limitations for personal injury gives injured pedestrians two years to file most lawsuits. Some cases, especially those involving government agencies or public property, may have much shorter timelines. If notice isn’t sent on time, the case may never be allowed to proceed.

Our team is on top of all deadlines for any case so that you can rest assured nothing will be missed.

Fault Isn’t Always Clear

Some pedestrian accident victims assume they don’t have a case if they weren’t in a crosswalk, but that’s not necessarily the case. Florida uses a system that allows responsibility to be divided between parties. Florida’s comparative fault system allows you to recover money, even if you’re partly at fault, as long as it isn’t more than 50%. Any compensation will be modified to match your percentage of fault. For example, $100,000 would become $60,000 if you were 40% at fault.

If insurance companies try to exaggerate blame we will counter back with detailed evidence that supports the truth. That could include things like reviewing the crash report, questioning witness accounts, and finding video or photos when they exist.

Insurance Coverage Can Be Complicated

More than one policy may apply in your case. The driver’s insurance is usually involved, but other policies might be triggered too. That could include uninsured or underinsured motorist coverage, personal injury protection, or even health insurance.

Depending on the case, there could also be government coverage. That might apply if the road was poorly designed or maintained, or if a city vehicle was involved in the accident.

Our Boca Raton personal injury attorneys sort through the overlapping coverage and communicate with each insurer to prevent conflicts. If this isn’t done quickly, delays can ensue and payments may get stalled.

Choose a Lawyer with Pedestrian Case Experience

Not every personal injury lawyer handles pedestrian crashes. And even fewer are prepared to take them to trial. You should ask whether they’ve handled these cases before, and whether they’ve litigated them in your area.

Our attorneys regularly handle pedestrian cases and will expect the defense to challenge visibility, argue distraction, or claim the pedestrian moved unpredictably, and we know how to respond with evidence that shuts those arguments down early.

What Does “No Fee Unless We Win” Mean?

Most pedestrian accident attorneys work on a “contingency” basis, meaning that any fees charged are “contingent” on whether they acquire a payout on your behalf. That part is simple. But there are differences in how fees are calculated, especially when a case goes to trial.

Some firms deduct costs before calculating their fee. Others do it after. Trial fees may be higher than settlement fees. It’s a good idea to ask how this is handled before signing anything.

What to Expect Once You’re a Client

Stay Consistent With Your Medical Care

Insurance companies typically look for any inconsistencies in your medical care. For example, if you skip appointments or delay follow-ups, they may use that to question the seriousness of your injuries.

To keep your case on track, 1) Follow every recommended visit, 2) Keep copies of your appointment records, and 3) Start a simple journal (pain levels, limitations, sleep issues, anything that affects your day-to-day life)

Our pedestrian injury lawyers use this information when building cases for both economic damages and non-economic damages.

Insurance Companies Usually Push Back

Even in straightforward cases, it’s common for insurance companies to be difficult. You may see things like:

• Delayed responses from adjusters
• Questions about whether you were partly at fault
• Efforts to minimize the impact of the injuries
• In some cases, quiet surveillance, checking your social media or day-to-day activity

Our experienced team will shut that down by managing the communication and controlling the flow of information. We give insurers what they need to evaluate the claim, like medical records, billing details, and documentation of your injuries, but nothing that opens the door to speculation or misinterpretation. That keeps the case focused on the facts.

Medical Billing and Insurance Reimbursement

Some doctors treat accident victims on a lien, which means they get paid later from the settlement. Others expect payment immediately. Health insurers may demand reimbursement for anything they covered related to the crash.

Your lawyer will track who is owed, how much is tied to each lien or bill, and which amounts can be negotiated down.

Managing and tracking expense details can help us maximize what you take home, not just the total settlement amount.

Beyond Medical Bills

Recovery isn’t only limited to medical costs. You may also be dealing with:

• Ongoing pain
• Psychological effects
• Missed events
• Limitations on how you live your life

Your attorney will capture that impact through things like provider statements, day-in-the-life documentation, client interviews, and other details. Our team works to show the full impact of your losses and shape what the case is truly worth.

Tangible Financial Losses Need to Be Documented

To help create a compelling case, you’ll want to gather things like:

• Receipts for medication, medical equipment, travel to appointments
• Pay stubs, tax returns, or employer letters showing lost income

Our accident team will organize these records and translate them into case value using precedent and insurer standards.

Proving Fault Isn’t Automatic

Liability isn’t always accepted right away. Even in clear cases, attorneys may need to gather and preserve evidence, especially when the initial report is vague or incomplete.

That could include:

• Surveillance footage
• Skid marks or debris documentation
• Light timing data or road design records
• Witness interviews

We may also bring in experts like reconstruction specialists or biomechanical analysts. The sooner that starts, the more material there is to work with.

Communication Should Be Clear From the Start

Before your case gets too far, you should know who your point of contact will be and how often you’ll hear from them. You’ll also want to know what to expect if the case slows or shifts course. When you work with Lesser, Landy, Smith & Siegel, your attorney will make this clear without being prompted. You’ll be kept in the loop, every step of the way.

If the Case Moves Toward Trial

Jurors May Come in With Bias

It’s not always said directly, but it shows up. Some will say most pedestrians don’t pay attention. Or that if you weren’t in a marked crosswalk, you must have caused the crash.

Attorneys pay attention to who gets selected. That includes how jurors answer questions about responsibility and attention. What they say is important, but how they say it matters more.

If the case goes that far, your lawyer will also help prepare you to testify, if necessary. Most people haven’t done that before. You’ll need to answer clearly, without letting stress change how you talk.

The insurance company knows who’s done this before. That can affect how they handle the case long before it reaches a courtroom.

Experts May Be Involved

A lawyer may bring in outside professionals to explain part of the case. That could include:

• A reconstruction specialist
• A physician who can speak to your injuries
• A planner who calculates future medical needs

Not every case uses experts. When they are included, it’s because they help explain something that isn’t obvious from the records to provide more clarity on the details of the injuries and the full impact they have had on you.

Offers May Change Closer to Trial

Initial offers are usually lower than the claim is worth. Some are made early in the hope that the case ends quickly. That number can shift later, especially if the defense believes the case will reach court.

Attorneys who prepare with trial in mind are usually taken more seriously. That doesn’t mean the case needs to go to court. But being ready changes the leverage.

When the Case Resolves

Get a Full Breakdown of the Numbers

Before you sign, your lawyer should show you the financial summary. That includes:

• Total amount recovered
• Fee and costs
• Medical liens
• The final amount that will be paid to you

Ask about anything that doesn’t make sense. Our experienced lawyers will always make things clear and answer all of your questions.

Some Settlements Are Paid Over Time

Larger recoveries aren’t always paid as one check. If a minor is involved or the payout is substantial, a structured settlement may be used. That spreads the money out across scheduled payments.

Your attorney will explain how it works and whether it fits your situation.

Not Every Dollar Is Tax-Free

Most personal injury settlements aren’t taxed. But there are exceptions:

• Interest payments
• Emotional distress not linked to a physical injury
• Punitive damages

You should know in advance if any portion of your recovery creates a tax obligation. That’s something the lawyer should flag before anything is finalized.

Special Situations Your Attorney Can Handle

When the Driver Isn’t Found or Doesn’t Have Enough Coverage

If the driver leaves the scene and isn’t identified, a claim may still be possible. That kind of case can be filed under uninsured motorist coverage on your own auto policy. This can also apply when the driver is identified but doesn’t carry enough insurance to cover the damage.

A lawyer will check the policies and handle the filing of both claims if more than one applies. There may be notices required. The lawyer will take care of that. These claims move differently from a standard liability case.

When a Minor Is Injured

In accidents with minor children, the court may be required to approve the settlement. That depends on how much the case resolves for and how the funds will be managed.

The attorney handles the approval request and helps the family decide how the money will be paid out. That could be through a trust, a blocked account, or another setup the court approves.

Some effects take longer to show up. If something changes later, the lawyer can revisit the claim and request an update.

Florida’s Modified Comparative Negligence

Crossing outside the crosswalk doesn’t mean you can’t bring a case. Fault can be split between the driver and the pedestrian under Florida’s modified comparative negligence law.

If you’re found partly at fault, the total recovery may be reduced by the percentage of fault assigned to you. Lesser Law Firm can push back on how that percentage is calculated. If applicable, we can show the driver had enough time to react or wasn’t paying attention. There may also be speed or other factors we can point to in minimizing fault assigned to you. One caveat with comparative fault in Florida—you don’t get anything if you are found to be more than 50% at fault.

How Lesser, Landy, Smith & Siegel Can Help

For nearly a century, Lesser, Landy, Smith & Siegel has handled pedestrian accident cases throughout South Florida. The firm has seen how insurance companies shift blame, delay payments, and minimize injuries. Clients come to us when they need someone to push back and take control of the case.

If you or a loved one was hit while walking, call our Boca Raton pedestrian accident lawyers today at (561) 367-7799. We will fight for justice on your behalf so you can focus on healing and rebuilding your life.