Why Do I Need to Hire a Winter Park Personal Injury Attorney?
Most pedestrian accident lawsuits are brought under a theory of negligence (Chapter 768 of the Florida Statutes). Generally speaking, to win a negligence claim, a plaintiff must be able to show the following:
- Defendant owed plaintiff a duty of care;
- Defendant breached the duty of care; and
- Breach of the duty of care caused plaintiff’s injuries.
In a motor vehicle collision in which an automobile strikes a pedestrian, it is often relatively straightforward to show that the defendant owed a duty of care, breached that duty, and thereby caused the plaintiff’s injuries. When a motorist gets behind the wheel of a car, she owes a duty of care to other drivers on the road, as well as to cyclists and pedestrians. If that driver engages in distracted driving, aggressive driving, impaired driving, or another negligent behavior, she may be liable for a serious pedestrian accident.
Types of Damages in a Winter Park Pedestrian Accident Case
Many plaintiffs in pedestrian accident lawsuits want to know what type of damages they can receive. In general, a plaintiff may be able to receive two different types of compensatory damages:
- Economic damages (compensation for direct financial losses, like medical bills); and
- Non-economic damages (compensation for subjective losses, like pain and suffering).
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Settle for More
Benenati Law Firm has recovered MILLIONS for our Orlando injury clients.
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When it comes to the outcome of your case, you don’t pay, unless you win. You don’t have to worry about paying attorneys in advance.
Walter Benenati
Attorney
Comparative Fault in Winter Park Pedestrian Accident Lawsuits
What happens if you were injured in a severe pedestrian accident but think you may have been partially to blame? For example, if you were looking at your smartphone when you crossed the road in a crosswalk and were struck by a motorist, can the motorist argue that you bear some responsibility for the accident?
This is known as comparative fault, or contributory fault. It is a defense that can be raised by the defendant in order to avoid full liability in a personal injury case. Under Florida law (Fla. Stat. § 768.81), a plaintiff can still recover damages even if she is at fault. However, her damages award will be diminished proportionately by the amount of her contributory fault. To be clear, even if the plaintiff is 99 percent responsible, according to a jury, she can still recover. However, her award will be reduced by the percentage of fault.
Contact a Winter Park Personal Injury Lawyer
Serious injuries in a pedestrian accident can be life-threatening and debilitating. If you were injured in a pedestrian accident in Florida, you should speak with a Winter Park pedestrian accident lawyer as soon as possible. Contact the Benenati Law Firmto discuss your case with an aggressive personal injury attorney.
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Practice Areas
The Benenati Law Firm serves personal injury clients, as well as those going through the bankruptcy process. Our practice areas include:
Do Not Settle For Less
Our oath to you is handling your case from start to finish effectively, competently, and aggressively. Why settle for less than you deserve at a huge law firm. Our goal is not to be the biggest but instead the best. We will work on achieving that every day and with every case we take on. We have Offices in Orlando, and Kissimmee for your convenience but if you prefer we come to you, we will do so; not with an “investigator,” but with an Attorney at your home. Allow us the opportunity to give you the
Representation for injuries including:
- Personal Injury
- Car Accidents
- Wrongful Death
- Amusement Park Accidents
- Workers’ Compensation
personal attention you deserve in your case. This is not assembly line justice. You deserve better.
You were involved in an accident. You are suffering and injured and you want someone to pay for that suffering. That is why you are looking for a personal injury lawyer. Too many times, someone hires a large law firm and gets lost in the shuffle. That will not happen in our firm. Do not let it happen to you.
Free Consultation
Whether you have suffered a serious injury because of another’s negligence, or you are suffocating under mountains of debt, a consultation with the Benenati Law Firm may prove to be extremely advantageous. We encourage you to call our offices today at 407-777-7777, or fill out our online form to request your free, no-obligation, and completely confidential case consultation. If you are unable to travel to our location during our office hours, we offer after-hours and home visits for your convenience, too.
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We Have The Awards
The Benenati Law Firm has received numerous awards and recognitions over the years for our legal services. These include, but are not limited to, recognition from Avvo, Super Lawyers, Florida Legal Elite, and The National Advocates Top Lawyers.
Don't Just Take Our Word for It
Nora R.
Client
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“The Benenati law firm makes you believe that you are the single most important PERSON (not case) to them. Throughout the entire process, they maintained weekly contact with me, asking how I was doing or if I needed anything. I was provided with frequent updates as to how my case was progressing and was pleasantly surprised with the speed at which they were able to reach a substantial settlement. I've had the unfortunate experience of dealing with other well-known personal injury attorneys in Orlando who were unable to provide the level of expertise, care and service that Walter Benenati and his team can!”
Deborah T.
Client
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“I would like to thank the Benenati Law Firm for helping to take the stress out of dealing with the insurance company and for everyone being very professional and always available to take my calls. The speed of the case being closed exceeded my expectations and any future needs I will definitely be contacting them.”
Danielle J.
Client
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“My experience with the Benenati Law Firm in Orlando was a great experience. They helped right away after a heartbreaking experience at another law firm. THEY MADE MORE PROGRESS IN MY CASE IN TWO MONTHS THAN 2 YEARS WITH MY FORMER LAW FIRM. I am so grateful.”