You do not have to go to court for a motorcycle accident. Often, you can settle your damages through an insurance claim. However, you may want to seek the help of an attorney to represent you during negotiations and to ensure the insurance company offers you a fair settlement.
Additionally, keep in mind that legal action may be your only option if you cannot reach an agreement with the insurance company involved. If a lawsuit is necessary, our firm can assist you with pursuing your case.
Seeking Help with Your Florida Motorcycle Accident Expenses
While our lawyers are prepared to take your lawsuit to trial if need be, you may prefer to reach a settlement if possible. Florida requires that all motorists maintain a minimum amount of insurance coverage, as the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains.
However, motorcycle operators are exempt from the personal injury protection requirements outlined by Florida Statutes §627.736. This means that if your injuries are due to a negligent driver, you have the unrestricted right to seek compensation with a liability insurance claim. Your settlement may include compensation for:
- Damage to your motorcycle and other personal property
- Medical care stemming from your accident
- Physical rehabilitation for your injuries
- Transportation to medical appointments
- The income you lose while recovering from your injuries
- Pain and suffering
- Medications for physical and psychological pain
- Therapy for trauma related to your accident
- The total financial effect that your accident has had on you and your loved ones
- The total physical effect of your injuries
- The total psychological effects of your injuries
- The wrongful death of a loved one
The Benefits of a Motorcycle Accident Settlement
You may choose to accept a settlement for several reasons. Some of the reasons why you may prefer a settlement include:
- You have some measure of control over the settlement negotiation process, as our attorneys can negotiate for a deal that you would agree to.
- A settlement would allow you to avoid waiting for a trial to complete before you can obtain any compensation awarded through a judgment.
- A settlement may allow you to avoid having to make appearances related to your lawsuit, whether in court or elsewhere.
- There is a level of risk that comes from going to trial, as you cannot be certain of a trial’s outcome. Accepting a settlement, so long as the terms of the settlement are fair to you or your loved ones, assures an advantageous outcome.
Why Go to Court?
A lawsuit may be the best course of action if you cannot obtain fair compensation through insurance. Possible obstacles to a post-accident insurance settlement include:
- Insurance coverage limits being less than your accident-related losses
- Insurance companies offering you a settlement that is of less value than you deserve
- Insurance companies contesting the need for certain types of medical care that you have undergone
- Insurance companies disputing your account of the Miami motorcycle accident
In general, the sooner you can get started on your insurance claims, the better. You do not have to go to court for a motorcycle accident, but if legal action turns out to be your best option for financial recovery, you have a limited time to pursue your case. According to Florida Statutes §95.11, you have four years to file a personal injury lawsuit and two years for the wrongful death of a loved one.
Determining Liability for Your Motorcycle Accident
Another person is liable for your accident if their negligent behavior led to your crash. You may be able to establish negligence by showing that the person who caused your accident was driving while distracted, under the influence of alcohol or drugs, or violating other rules of the road, such as:
- Failing to stop at a stoplight or stop sign
- Making an improper turn
- Illegally passing/traveling in the wrong lane
- Tailgating
- Speeding
- Driving recklessly or aggressively
In some instances, you could have a claim against the manufacturer of your motorcycle or the other vehicle involved in your accident. If a problem with the road caused your crash, the entity responsible for the road may be liable. You can bolster your settlement claim with proof another party is at fault. Evidence may include:
- Surveillance video or dashcam footage
- Witness statements
- Police reports
- Medical bills
- Photographs of your damaged vehicle
- Information from the crash site
- Expert testimony
How Can Our Lawyers Fight for Compensation on Your Behalf?
Our goal is to negotiate a settlement or win a judgment that compensates you for your accident-related losses. We can collect evidence, hire experts, interview witnesses, file legal paperwork, and engage in negotiations for the compensation you are entitled to.
Our lawyers can also defend your rights, provide a roadmap for seeking compensation, and counsel you on matters related to your insurance claim or lawsuit. Hiring our team also allows you to pursue compensation without having to take on additional responsibilities. You worry about getting better while we take care of everything else. Furthermore, our services cost you nothing out of pocket.
Call The Law Offices of Anidjar & Levine Today
You deserve legal representation if you suffered injuries or lost a loved one in a motorcycle accident caused by negligence. Contact the Law Offices of Anidjar & Levine today. Our team will take care of your legal needs while you focus on your other responsibilities.
We Can Help.
