Motorcycle accidents cause some of the most serious injuries experienced in motor vehicle crashes, including broken bones, brain injuries, whiplash, and more. They are also more likely to result in death than injuries involving larger vehicles.
Although some motorcycle accidents are the motorcyclist’s fault, many of these accidents are related to someone else’s negligence. If you have been a victim of a motorcycle crash that could have been prevented, you may have rights to compensation.
Under Florida law, motorcycle accident victims can recover compensation by filing a personal injury lawsuit against the responsible party and/or that party’s insurance company.
Causes Of Motorcycle Accidents In Cape Coral
Multiple factors can contribute to motorcycle accidents in Cape Coral. While some of these factors may lead to a personal injury claim, others will not.
Examples of common causes of motorcycle crashes that may qualify victims to make a claim include:
- distracted driving
- failure to yield to a motorcycle
- failure to obey traffic laws
- driving under the influence
- unsafe roadways
- vehicle malfunctions
Factors that will make it harder to collect compensation include anything related to fault on the part of the motorcyclist, such as the use of alcohol or drugs.
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Reasons To File A Motorcycle Accident Claim
Some people may file a motorcycle accident claim for only one reason, while others may have more than one motivation.
As a motorcycle accident victim, you may file a claim to:
- get justice for your injuries — Filing a motorcycle accident claim allows you to hold accountable the person or organization responsible for injuries. The defendant will be required to respond to your lawsuit, and they may even have to pay a settlement.
- Protect others — When you file a motorcycle accident claim, you are requiring the negligent party to acknowledge their lack of care, which may prevent them from behaving negligently in the future. These cases often make the news as well, which may deter others from causing motorcycle accidents similar to yours.
- Recover benefits — One of the possible outcomes of your motorcycle accident claim is a monetary settlement. You can use this money to cover the expenses you incurred because of the accident, as well as to begin rebuilding your life. For example, you may use this money to cover your medical expenses, pay for a new motorcycle, and replace the wages you lost while you were injured and unable to work.
What Kinds Of Damages Are Awarded For Motorcycle Accident Claims?
Motorcycle accident claims may involve a variety of types of damages. The exact damages included in each claim depends on the specific details of the situation.
Typical damages awarded in these cases include:
Compensatory damages — Compensatory damages are benefits designed to cover specific expenses you incurred after your motorcycle accident. Examples include medical bills, lost wages, and the cost of personal property repairs or replacements.
Compensatory damages may also compensate you for expenses you are expected to incur in the future because of the accident and the injuries it caused. Examples of these future expenses include future estimated medical costs and compensation for lost ability to earn money.
Punitive damages — Punitive damages are intended to punish the party responsible for your injuries for their negligence and/or malicious actions.
In many cases, personal injury settlements will also include compensatory damages for intangible losses, such as the pain you experienced, your emotional trauma, and damage to your quality of life.
How Much Compensation Can You Win?
Before filing a motorcycle accident claim in Cape Coral, most people want to know how much they will be able to collect if the claim is successful. However, this is not always an easy question to answer.
Many different factors can affect the value of your personal injury claim, and all of these factors must be taken into consideration when estimating settlement amounts.
For example, the severity of your injury and whether you are expected to make a full recovery will play a role in the calculation of your settlement amount. Your settlement will also be impacted by the specific expenses you have incurred because of the accident, as well as the expenses you will incur in the future. The effect of the accident on your mental health, interpersonal relationships, and quality of life will be considered as well.
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Do You Need To Hire A Motorcycle Accident Attorney?
By law, you can file a personal injury claim after a motorcycle accident without the help of an attorney. However, doing so is rarely recommended. In order to maximize your chances of winning your case, you need assistance from an experienced attorney who understands these issues.
Having a qualified attorney also makes your claim seem more valid to the defendant, which could make them more willing to offer a fair settlement before trial. Furthermore, having assistance from an attorney means that you will have support throughout the case, as well as answers to any questions that may come up.
Facts On Motorcycle Accidents In Cape Coral And Lee County
Motorcycle accident rates in Cape Coral and Lee County, where Cape Coral is located, have decreased recently, but the number of fatalities due to motorcycle crashes has remained steady:
- In 2017, Lee County recorded 310 motorcycle accidents within its borders. These accidents led to 269 injuries and 22 deaths.
- The total number of motorcycle crashes and injuries in Lee County fell from 2016 to 2017. The number of motorcycle fatalities remained the same.
- Although the injury and accident rates have fallen in this county, motorcycle crashes still cause a significant number of injuries and fatalities.
List Of Motorcycle Accident Attorneys Serving Cape Coral
Although you don’t have to have a motorcycle accident attorney in order to file a personal injury claim, having a qualified attorney on your side can make all the difference to the outcome of your claim. At Florin|Roebig, our staff of experienced, dedicated attorneys is here to help you build a strong case and get the justice you deserve.
Members of our legal team include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
- Brian R. Dettman, O.C.
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Reach Out For Help With Filing Your Motorcycle Accident Claim
If you want to file a strong motorcycle accident claim that gives you the best chance of winning, you need quality legal representation. At Florin|Roebig, we understand the complex laws that apply in these cases. If you are thinking about filing a personal injury claim, please contact our office to schedule a free, no-obligation consultation with our team today.