If you or a loved one is pursuing the at-fault driver after a motorcycle accident, you may be entitled to financial compensation. Most cases like these are resolved with a settlement. The average motorcycle accident settlement in Florida is impossible to determine, since each case varies greatly. The best way to determine the value of your potential settlement is to let a personal injury lawyer assess its value.
Hiring a local law firm has many advantages. They are familiar with state and local laws and can assess the value of your injuries, lost wages, and property damage. A motorcycle accident lawyer in Boca Raton, Florida can also consult local experts like economists and accident reconstruction experts. These consultations can lead to a clear understanding of the accident’s cause and an accurate valuation of your case.
Damages You May Recover After a Motorcycle Accident
Assigning a value to your injuries and related expenses is a complex process. Without a lawyer’s assistance, you may overlook damages you qualify for, leading to an insufficient financial settlement. The Florida motorcycle accident lawyer who represents you can fight to recover any of the following applicable damages:
- Medical bills
- Lost wages
- Motorcycle damage
- Motorcycle replacement
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Your lawyer will ensure your case receives a comprehensive value. Once accepted and signed, a settlement agreement is final and binding. For this reason, your lawyer will ensure your case’s value is accurate before entering the settlement phase. They will also ensure your recoverable damages are not undervalued or underpaid.
Evidence That Proves Your Right to Recover Damages
To establish your right to seek compensation from the at-fault driver, your lawyer will work to prove:
- Duty — The at-fault driver owed you a duty of care to obey the rules of the road.
- Breach — The at-fault driver’s actions or driving behavior breached their duty of care.
- Causation — Their actions and the resulting collision caused an accident, resulting in injuries.
- Damages —Your injuries, recovery, and treatment have financial consequences.
The evidence that proves these factors starts with your police report. It will contain a wealth of valuable information for your legal team. Your evidence file may also contain:
- Accident scene reconstruction reports
- Lay and expert witness statements
- Photos and videos of the accident scene
Your motorcycle accident lawyer will do more than collect evidence for you. They will also organize and present it to the at-fault driver and their insurance company. The weight of the evidence may help steer your case toward a settlement versus a trial.
Evidence That Proves the Value of Your Recoverable Damages
After proving the cause of your accident, your lawyer will prove its effects and costs. To ensure they accurately value your case, they will compile:
- Ongoing medical records
- Motorcycle repair estimates
- Motorcycle replacement costs
- Medication receipts
- Assistive medical device receipts
You should also give your personal injury attorney copies of your employment and salary history records. These records help substantiate the value of the work you miss due to your injuries and recovery.
Damages Covered by PIP (Personal Injury Protection)
In Florida, PIP insurance generally covers the costs of each injured party in a car accident. If you have PIP insurance as part of your motorcycle insurance coverage, it may cover your immediate medical expenses.
However, while PIP is mandatory for most motor vehicles in Florida, it is not required for motorcycles. If you do not have this coverage, a motorcycle accident attorney can guide you through the process of pursuing a third-party claim against the at-fault driver. You may be eligible for coverage through their insurer or from the driver directly. Your lawyer will clarify your financial recovery options.
The Potential Timeline of a Motorcycle Accident Settlement
Florida Statutes § 95.11 defines how much time you have to file a lawsuit if your lawyer cannot reach a settlement agreement. Accordingly:
- You generally have two years from the date of a loved one’s death to file a wrongful death lawsuit.
- You generally have two years from the accident date to file a personal injury lawsuit.
If the driver who struck your motorcycle did not have insurance, you could have additional statutory time limitations. Your lawyer can help you look for other avenues of financial recovery. You never have to stop fighting for the compensation you are owed, and your lawyer will not stop fighting by your side.
Get a Free Review of Your Motorcycle Accident Case
If a negligent driver caused a collision with your motorcycle, you could fight to hold them financially liable for your post-accident expenses. Our law firm will explain how we’ll go the extra mile to get the best possible outcome for you.
Learn more about your financial compensation options by contacting our case review team at GED Lawyers today.