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    Pedestrian accidents can easily cause devastating and life-altering injuries. Unfortunately, pedestrian accidents occur in high frequency in Miami.

    However, our experienced personal injury lawyers can help you recover damages from the driver that injured you. Miami has many walkable areas where pedestrians are exposed to traffic. If injured, you will have a few ways to get compensation, with your car insurance being the first. If you sustained serious injuries, you are entitled to compensation for your pain and suffering, which we can help you pursue in a lawsuit.

    If you were injured in a pedestrian accident, seek support from our Miami pedestrian accident lawyers by calling the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 568-3636 for a free review of your case.

    How to Recover Damages for Your Miami Pedestrian Accident

    Recovering compensation after a Miami car accident can be challenging if you are unfamiliar with Florida’s insurance rules. Unfortunately, it might be necessary as Miami is one of the most dangerous cities for pedestrians. In 2022, Miami-Dade County reported 1,770 pedestrian accidents, representing about 18% of all pedestrian accidents in the state. Of these, 86 pedestrian accidents resulted in fatalities.

    With the many walkable areas like Little Havana and South Beach and thousands of tourists visiting, pedestrian accidents are bound to occur. If you are injured, you will be able to pursue compensation through insurance, but you might have some limitations on your right to file a lawsuit. Our personal injury lawyers can help you navigate the complex recovery process to recover the compensation you need.

    Filing an Insurance Claim

    Pedestrian accidents in Miami are treated like car accident cases for the purposes of insurance. In Florida, drivers are required to carry “no-fault” insurance. Also known as personal injury protection (PIP) coverage, no-fault insurance compensates victims of a car accident from their own insurance policy. Damages can typically be recovered quickly in a no-fault system since the injured party is not required to prove fault before receiving benefits. Thus, you can file a claim with your car insurance for compensation if you have a policy.

    However, you might not possess car insurance if you did not own a car when you were injured as a pedestrian. In that case, you can often use a household member’s insurance or file a third-party claim against the negligent driver’s PIP insurance. You can also file a claim against them if you still have damages after exhausting your own coverage.

    The problem with no-fault insurance in Florida is that it will not compensate you for the full amount of your damages. While it will provide benefits for medical expenses and lost wages, no-fault insurance only covers up to 80% of your medical expenses and 60% of your lost earnings from time missed at work. Further, most PIP policies are limited to $10,000 in total expenses that can be paid and will not compensate victims for their pain and suffering. Pedestrian accidents often result in serious injuries, and treatment can easily exceed this low amount. Our personal injury attorneys can help you file your insurance claim and determine if filing a lawsuit would be possible to recover additional damages.

    Filing a Lawsuit

    As mentioned, insurance coverage will not provide compensation for the pain and emotional suffering your injuries have caused. To recover these damages, a lawsuit must be filed. However, Florida’s no-fault insurance rules prevent victims from filing lawsuits for pain and suffering unless they suffered serious injuries in their accident.

    Several injuries fall under the term “serious” when filing a lawsuit in Miami. For instance, you would likely meet the serious injury threshold if you suffered broken bones, scarring, or disfigurement in your pedestrian accident. Also, injuries like losing a body part or function, miscarriage, and wrongful death are considered serious.

    While some injuries are obviously serious, some might be close to the threshold and require the right legal arguments to show how the injuries are serious. Our personal injury lawyers in Miami can help you determine if your injuries are serious and file your lawsuit against the negligent driver.

    Compensation You Could Be Entitled to for a Pedestrian Accident in Miami

    Pedestrian accidents are often devasting, leaving victims with significant costs and future losses. If a negligent driver injured you, you deserve to recover a wide range of damages to help make you whole again. In a personal injury lawsuit, you can pursue economic damages, like medical bills and lost wages, and non-economic damages, like physical pain and emotional trauma associated with your injuries.

    Economic Damages

    The most common type of compensation that most victims are aware of is for the economic losses they have suffered. If you sustained serious injuries in your accident, you will likely require lengthy and expensive medical treatment and might be prevented from working in the same capacity you could before being injured. Fortunately, economic damages are meant to cover your current financial losses, as well as compensation for future medical treatments and lost earning capacity at work. You can also claim out-of-pocket expenses you incurred to treat your injuries. For instance, the gas you purchased to drive to doctors’ and lawyers’ meetings and childcare could be claimed as losses caused by the other driver.

    Non-Economic Damages

    Many pedestrian accidents will leave victims with not only physical injuries but psychological and emotional ones. It is common for victims of a pedestrian accident to suffer from depression, anxiety, post-traumatic stress disorder, and many other afflictions that impact their quality of life.

    While it can be difficult to prove non-economic damages, it is important to pursue them since you might be feeling the effects of your injuries long after the underlying damages have healed. You deserve to be compensated for your subjective damages just as much as you do your economic losses. Our personal injury lawyers can review your case to help determine an accurate value for the damages you are owed.

    Our Miami Pedestrian Accident Lawyers Can Help

    If you suffered injuries in a pedestrian accident, the Miami personal injury attorneys at The Law Offices of David I. Fuchs, Injury & Accident Lawyer can help you recover the compensation you deserve. Call us today at (954) 568-3636 for a free case evaluation.

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review