The value of a motorcycle accident injury claim in Florida can vary widely based on several factors, including the severity of your injuries, the extent of your medical expenses, lost wages, pain and suffering, and the degree of fault involved.
The Law Place can assist you by providing a comprehensive evaluation of your case during a free consultation. Our experienced attorneys will gather all necessary evidence, negotiate with insurance companies, and, if needed, represent you in court to ensure you receive fair compensation.
Operating on a contingency fee basis, we ensure you don’t pay any legal fees unless we win your case. Contact us today to discuss your motorcycle accident injury claim and take the first step toward securing the compensation you deserve.
At The Law Place, we’re committed to serving our clients no matter the time of day. Therefore, we keep our phone lines open 24/7 so you’ll always have someone to talk to about your accident. Call us at (941) 444-4444 to schedule your free legal consultation today.
Damages That You May Be Able to Claim After a Motorcycle Accident
If you’ve been involved in a motorcycle accident in Florida, you may be entitled to claim damages. Auto accidents usually lead to the victims of the accident incurring large debts. These debts can be very worrying. Therefore, it’s highly recommended to seek compensation in order to cover these costs of the damages that you’ve incurred. Damages that you may be able to claim after a motorcycle accident include:
Medical Bills
Receiving medical care to treat the injuries that you have sustained as a result of your accident can be expensive. If you’ve been injured in a motorcycle crash, it’s likely that you’ve received medical treatment such as pain-relieving medication or undergone medical procedures such as surgery.
Medical expenses such as these are often costly, and an experienced lawyer can ensure that you receive ample compensation to cover these costs. At The Law Place, we believe that no one should be left with large debts for receiving medical treatment after an accident that wasn’t their fault. Therefore, we’ll fight to ensure that you can cover the costs of your medical bills.
Lost wages
Sustaining serious injuries can cause an accident victim to be unable to work. When a person can’t work, they may be unable to earn a stable income, which can understandably cause huge stress for the individual. If you’ve been left unable to work as a result of your accident, you may be entitled to recover past, present, and future lost wages. Your motorcycle accident attorney can calculate how much you may be owed by reviewing your payslips and tax returns to ensure you receive as much compensation as possible to cover your loss of income.
Damaged property
Auto accidents often result in one or more parties involved in the collision sustaining damage to their property. Property that is often damaged in motorcycle accidents includes the vehicles involved, the motorcyclist’s protective gear, and cell phones. You may be able to claim compensation to cover the expenses for repairing or replacing your damaged property.
Pain and suffering
Pain and suffering damages are awarded to those who have suffered from physical pain or emotional anguish as a result of a motorcycle accident. Emotional trauma can include anxiety, depression, grief, insomnia, and PTSD.
These damages are more difficult to prove in comparison to economic damages such as lost wages and medical bills. A personal injury lawyer will gather evidence of the pain and suffering that you have endured, including reports from medical professionals, to prove that you have suffered as a result of your motorcycle accident.
Wrongful death
Losing someone in a motorcycle accident is devastating. Seeking compensation soon after losing someone to a fatal accident may not seem like a priority. However, we highly recommend seeking legal representation as soon as possible. Seeking compensation can significantly alleviate the financial burdens and worries you may have. Under Florida Statute 768.21, you have the right to claim compensation to cover expenses, including funeral costs.
Multiple factors can determine how much an accident settlement is worth. Therefore, it’s difficult to calculate the average motorcycle accident settlement. An experienced motorcycle accident attorney will determine how your accident happened, examine the severity of your injuries, and calculate the damages that you have incurred in order to determine the worth of your motorcycle accident settlement.
Florida’s No-Fault Law
Under Florida Statute 627.7407, Florida is a no-fault state. Because of Florida’s no-fault insurance laws, a motorcycle accident victim who wants to file an insurance claim must first seek compensation from their own insurance company. Even if it is determined that you weren’t at fault for your accident, you will still have to file your claim with your insurance company.
In the case that the damages you have incurred exceed your own insurance policy limit, you may be able to file a claim with the at-fault driver’s insurance company. In order to file a successful claim against another party, it’s essential that your attorney can prove that the other driver was liable for the accident. In order to prove liability, your personal injury attorney will need to prove:
- The other driver owed you a duty of care.
- The driver breached this duty of care.
- The breaching of the duty of care led to the claimant sustaining injuries.
- The claimant incurred damages as a result of the other driver breaching their duty of care.
Our experienced lawyers will ensure that your case is strong enough so that we can prove the liability of the at-fault driver. Having a qualified and experienced attorney fighting your case for you significantly increases the likelihood of obtaining the compensation that you may be owed.
Comparative Negligence Laws in Florida
Florida operates using comparative negligence laws. This means that more than one party can be held liable for an accident. In other words, a claimant could still be held partially responsible for the motorcycle accident even if the other driver was mostly at fault. For example, if you were speeding at the time of the accident, you may be found to be 40% responsible for the accident, and your total accident settlement will most likely be reduced by 40%. However, if you are found to be more than 50% at fault, you will not be able to claim anything.
Insurance companies often use this law to try and reduce the amount of money they have to pay out for insurance claims. An insurance adjuster may try to prove that you were partially responsible for the accident so that your total settlement will be reduced.
At The Law Place, we have ample experience dealing with insurance companies and aren’t afraid to challenge them if we believe the settlement they have offered isn’t fair. An experienced attorney will ensure that your case is as strong as possible so that an insurance company is unable to dispute or challenge it.
Common Causes of Motorcycle Accidents in Florida
Motorcycle accidents usually happen unexpectedly, and the consequences are often devastating. Common causes of motorcycle accidents in Florida include:
Blind Spots
Motorcycles are relatively much smaller than cars, trucks, and other motor vehicles on the road. If a car or truck driver has a blind spot, they may not notice motorcycle riders driving behind or next to their vehicle and change lanes with little warning, which can lead to an accident occurring.
Distracted Driving
Nowadays, drivers can easily become distracted while driving their vehicles. Many motor vehicle accidents occur because one of the drivers involved was distracted by things such as cell phones, eating or drinking, and other passengers in the same vehicle. It’s important to stay completely focused while driving and avoid potential distractions.
Driving Under the Influence
Driving while over the legal blood alcohol limit (0.08%) is extremely dangerous. Driving while under the influence can severely impair a driver’s senses, judgment, and ability to control the vehicle properly. Drivers who drive under the influence risk large fines and even a prison sentence.
Speeding
A driver driving too fast may not be able to brake in time before colliding with a motorcyclist. Speed limits are set to keep drivers, cyclists, and pedestrians safe. Injuries sustained in a car accident where the at-fault party was speeding are normally more serious than those that were sustained while the driver was driving responsibly at the appropriate speed.
Road Hazards
Unexpected hazards such as debris on the road can be very dangerous for all drivers, but particularly for motorcyclists. This is because motorcycles are less stable than the average car, and motorcyclists have less protection than a car driver. Also, bad weather conditions such as heavy rains and strong winds can make it more difficult for a motorcyclist to control their vehicle and may impair their vision or hearing.
What Can a Personal Injury Attorney Do for Me?
Having an experienced and fully qualified attorney to fight for your motorcycle accident claim is key. At The Law Place, we go above and beyond to ensure that the legal process is as easy and stress-free as possible for our clients. Your personal injury attorney will:
- Review your accident claim and determine how strong it is.
- Answer your questions and clarify doubts.
- Calculate how much compensation you may be entitled to claim.
- Gather the necessary evidence available.
- File your insurance claim.
- Negotiate with insurance companies.
- Consult medical experts about your injuries.
- File the necessary paperwork and deal with legal technicalities.
- Represent you in court if necessary.
Call us today to schedule a free consultation with one of our personal injury lawyers. We work on a contingency basis as monitored by The State Bar Association, which means that if we’re not able to win your case for you, you won’t have to pay for our services. We work this way so that our clients can rest assured that they won’t be charged with any legal fees if they aren’t awarded compensation for their claim. We also offer a free case evaluation service, so you can discuss your case with a lawyer at no obligation without having to pay.
Laws and Regulations for Motorcyclists in Florida
In the State of Florida, motorcyclists have to obey certain specific laws and regulations in order to maintain their own safety while driving their vehicles. Florida states that:
- Each motorbike must have a footrest and a passenger seat.
- Motorcyclists are not allowed to switch between two lanes of slowed or stopped traffic.
- Motorcyclists must have their headlights on at all times while driving as per Florida Statute 316.405.
- If the motorcyclist doesn’t have a minimum of $10,000 in medical insurance coverage, then they must wear a helmet.
- Motorcyclists are not permitted to use any listening devices such as earphones while driving as per Florida Statute 316.304.
Following the laws and regulations set out under Florida law for motorcyclists can significantly reduce the likelihood of sustaining severe injuries in a collision and can help prevent an accident from occurring. If you have any questions on the laws that may apply to you and your vehicle, call The Law Place today to schedule your free consultation.
What Should I Do After a Motorcycle Accident?
After an accident, it’s important to act quickly and efficiently to maximize the chances of getting the best possible outcome for your case. If you’ve been involved in a motorcycle crash, we highly recommend following these steps:
Contact the Police
After the collision, call the police and stay at the scene of the accident. They will arrive at the accident scene and then write a police report. This accident report can be useful to strengthen your personal injury case as it normally includes important details, including the names of the people involved in the accident as well as their vehicle information, like license plates.
Seek Medical Attention
It’s highly recommended to seek medical attention immediately after your accident. Even if you think you’re unharmed, you may have sustained hidden injuries that could take days, weeks, or even months to become noticeable.
Collect Evidence
If possible, collect evidence of the accident. You should take photographs of the scene of the accident as well as any injuries that you have sustained. We also recommend asking the other driver for their contact details. Don’t worry if the other driver is reluctant to provide this information. A police report will provide this information.
Seek Legal Representation
Hiring a lawyer can significantly help strengthen your motorcycle accident case. They can collect evidence, contact eyewitnesses, and deal with the legal proceedings for the claim.
At The Law Place, we understand how stressful motorcycle accidents can be. Many accident victims are often in shock soon after the accident and don’t know what to do. If you’re unsure about what to do after your motorcycle crash, don’t hesitate to contact our law firm. We offer invaluable legal advice and can answer any question no matter what time of day.
How The Law Place Can Help
The Law Place offers comprehensive legal assistance for motorcycle accident victims. Our team of experienced personal injury lawyers understands the complexities involved in motorcycle accident cases and is dedicated to helping injured motorcycle riders pursue compensation for their losses. From the moment you contact us, we provide personalized attention and compassionate care, ensuring you feel supported throughout the legal process.
Our attorneys begin by conducting a thorough investigation of your accident. This includes gathering crucial evidence such as police reports, witness statements, and medical records to build a strong case demonstrating the other party’s negligence. We understand the devastating impact that motorcycle accident injuries, including soft tissue injuries and more severe conditions like spinal cord injuries, can have on your life. Our goal is to secure compensation that covers all aspects of your recovery, including medical expenses, lost wages, and pain and suffering.
Navigating the legal and insurance systems can be challenging, especially when dealing with the aftermath of an accident. Our team handles all communications with insurance companies, ensuring that your rights are protected and that you receive a fair settlement. We are skilled negotiators who strive to maximize the value of your claim, but we are also prepared to take your case to court if necessary.
The Law Place operates on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This approach allows you to focus on your recovery without worrying about upfront legal costs. Our attorneys will provide a free consultation to discuss your case, assess its merits, and outline the best course of action. During this consultation, we will listen to your story, answer your questions, and explain how we can help you achieve a successful outcome.
Choosing The Law Place means partnering with a dedicated team of attorneys committed to fighting for your rights. We understand the unique challenges that motorcycle accident victims face and are here to provide the guidance and support you need to navigate your personal injury claim. Contact us today to learn more about how we can assist you and to schedule your free consultation.
What Is My Motorcycle Accident Injury Claim Worth in Florida? FAQ
What factors determine the value of my motorcycle accident injury claim?
The value of your claim is influenced by several factors, including the severity of your motorcycle accident injuries, the extent of past medical expenses, the impact on your ability to work, and the degree of property damage. Injured motorcycle riders can pursue compensation for both economic and non-economic damages.
Can I claim compensation for soft tissue injuries?
Yes, soft tissue injuries such as sprains, strains, and bruises are common in motorcycle accident cases and can be included in your personal injury claim. These injuries may require medical treatment and can impact your daily life and ability to work.
How does an experienced personal injury attorney help with my claim?
An experienced personal injury attorney will help evaluate the value of your claim, gather necessary evidence, negotiate with insurance companies, and represent you in court if needed. Their guidance ensures that you receive fair compensation for your injuries and losses.
What types of damages can I claim in a motorcycle accident settlement?
Motorcycle accident settlements can include compensation for medical expenses (past and future), lost wages, property damage, pain and suffering, and other related costs. Each case is unique, and the total settlement amount will depend on the specifics of your accident and injuries.
How do motorcycle accident lawyers establish negligence?
Motorcycle accident lawyers establish negligence by proving that the other party failed to exercise reasonable care, resulting in the accident. They collect evidence such as police reports, witness statements, and medical records to demonstrate the other party’s fault.
What should I do immediately after an auto accident occurs?
After an auto accident occurs, seek immediate medical attention, report the accident to the police, and document the scene. Collect contact information from witnesses and the other driver, and contact an experienced personal injury lawyer to discuss your case.
Can I still pursue a claim if I was partially at fault?
Yes, Florida follows a comparative negligence rule, allowing you to pursue compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
What is the role of past medical expenses in determining my claim’s value?
Past medical expenses are a crucial component in determining the value of your claim. These expenses provide a clear record of the financial impact of your injuries and help establish the compensation needed for your recovery.
Contact The Law Place Today
Dealing with the aftermath of a motorcycle accident is always difficult. In addition to serious injuries and mental trauma, accident victims are often burdened with large debts to worry about after motorcycle accidents. If you’ve been involved in an accident that wasn’t your fault, speak to one of our top attorneys today. We have ample experience with motorcycle accident claims and can get the best motorcycle accident settlement for you.
At The Law Place, our top priority is getting the best possible outcome for our clients. Going through the legal process doesn’t have to be a daunting or stressful experience. Once we’ve taken on your case, you’ll only hear from us when we have important updates. Our lawyers will handle all the legalities and paperwork surrounding your case so that you can recover from your accident in peace. Winning a fair settlement for our clients is our top priority, and we won’t stop until we achieve this for you.
Our phone lines are always open, so you can always contact us. Call us at (941) 444-4444 to speak to a top Florida motorcycle accident lawyer today.