A motorcycle accident can be a startling experience for anyone. Without the protective cover of a standard vehicle, even a small accident can result in serious injuries. Those injuries can linger for months or even years after the initial collision.
From chronic pain to permanent disability, it’s not always easy to work out the extent of your medical treatments until some time has gone by. There are also indirect expenses to consider, such as the stress you’ve faced due to the accident.
If you want to learn more about filing a motorcycle accident claim in Miami, you can turn to experienced lawyers who will take the time to understand your case before making a recommendation.
There are a number of unique state laws that can work to your advantage, but you need to have a strong handle on the Florida state code before diving into the specifics of the compensation you deserve.
What To Know About Motorcycle Accident Claims
Every state has its own ideas about how to determine fault after a motorcycle accident occurs. Because two people can have wildly different accounts of the same event, it’s not always a straightforward matter to get to the bottom of what happened.
In Miami, the courts put the emphasis on the idea of negligence. With comparative negligence, court officials will essentially assign a certain percentage of blame to each party based on the facts of the case and how they’re presented.
A motorcycle accident will typically fall under the standard category of personal injury, meaning its governed by the rules under this category. In this case, negligence is defined as failing to put forth enough effort to avoid or minimize the risk of harm to someone else.
Florida has a statute of limitations for filing a motorcycle accident claim, though there are exceptions if your injuries take time to manifest after the accident.
The first thing you should do after being injured in a motorcycle accident is to seek medical treatment. Your doctor’s observation and treatment will serve as the initial documentation of your injuries, making them a pivotal party if you choose to file a claim.
The next step is to call an attorney. Before you talk to an insurance company that may or may not have your best interests at heart, you should speak to the motorcycle accident attorneys in Miami who will explain your options before you move forward.
List Of Common Causes Of Motorcycle Accidents
Motorcycles are especially vulnerable on the road.
Here are just a few ways that collisions may occur:
- speeding: When drivers speed, they don’t always notice everything on the road. When they finally do spot the danger, they need more time to slow down to a safe distance.
- lane changes: The blind spot for a driver can be deadly for motorcyclists, especially when you consider how small bikes are compared to cars.
- doors: Drivers may not realize that they need to watch out for motorcycles when they open their doors. If they’re parked on a busy street, the collision can be disastrous.
- alcohol/drugs: Driving under the influence isn’t just illegal, it also amplifies the chances that an accident will occur.
- defects: If a motorcycle malfunctions while you’re driving (due to manufacturer error), this can lead to a collision.
- sudden left-turns: Not every driver can judge the distance and speed of those coming from the other lanes when making a left-hand turn.
Any of these causes could serve as a cause to file a claim, because in these incidents the other driver made the mistake. In other situations, you may not have a reason to file a claim from an injury.
For example, if your accident was caused by lane-splitting (driving between two lanes for cars), you may not receive compensation because lane-splitting is illegal in Florida. A motorcycle accident lawyer can help you decide whether to file a claim and explain if you’re likely to receive partial blame for the accident.
Reasons People File Motorcycle Accident Claims In Miami
The biggest reason for motorcycle accident claims in Miami is to cover the expenses that result from the accident. However, people may also file to help other people avoid the same fate.
A dangerous driver needs to learn how to pay attention to their surroundings, and enduring a long legal battle may make them think twice before getting behind the wheel. You may also want to file for other expenses, such as the emotional pain and suffering from the physical injuries you endured.
Understanding What Your Claim Is Worth
There are a number of ways to claim compensation in a single motorcycle accident claim. Medical costs, loss of wages (including future loss of wages), long-term care costs, and pain/suffering are some of the most common reasons claims are approved in Florida.
What you receive will be determined by the type of injury, your lifestyle prior to the accident, and the extent of the necessary treatment following the accident.
The right attorney can give you a better idea of how to file a claim and what you stand to receive in damages. For some people, it may make sense to skip the courts and go through insurance.
For others, you may need to fight an insurance company to ensure you can replace what was lost after the accident. From lost wages to stress on your relationships, the settlement from an insurance company may barely scratch the surface of what you really need.
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Damages Awarded In Motorcycle Accident Claims
Damages can cover any expenses related to the accident that are not covered by your personal injury protection (PIP) policy.
Here are several common types of damages that may be awarded in a motorcycle claim in Miami:
- medical care
- long-term care
- loss of wages
- loss of consortium
- pain and suffering
- punitive damages
Treatment and care are easy to work out in terms of dollar amounts, but the rest can be difficult to reflect. For example, loss of consortium damages occurs when your spousal relationship has been exceptionally harmed due to the injury.
This can be difficult to put a dollar amount on, especially considering the subjective nature of the accident. Punitive damages are only given when you can prove that the other driver was maliciously trying to hurt you, so these are rarely awarded for motorcycle accidents (though it’s not impossible).
Is It Necessary To Hire A Motorcycle Accident Attorney To File A Claim?
No, you can file a claim on your own. However, it’s highly recommended that you hire a lawyer. Motorcycle accident lawyers will help you understand if you should file a claim and how much you’ll receive if you do file. They’ll explain legal terms and give you an idea of how long your claim will take to process.
They’ll also let you know how pain and suffering are calculated and whether you’ll qualify. Without an experienced professional on your side, you risk making a mistake that disqualifies you from the compensation that you need to survive.
Facts On Motorcycle Accidents In Miami And Miami-Dade County
Miami can be a dangerous city for motorcyclists:
- In 2016, there were more than 1,117 motorcycle crashes in Miami-Dade County.
- 835 total injuries were reported due to motorcycle accidents in 2016.
- There were 39 motorcycle accident fatalities in Miami for 2016.
List Of Motorcycle Accident Attorneys Serving Miami
Experienced lawyers serving Miami can help you determine how to move forward with your case. Florin|Roebig has a whole team of attorneys with the knowledge and resources you need to successfully pursue your claim.
Our attorneys include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Taylor D. Roebig
- Parker Y. Florin, LL.M.
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
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Reach Out For Help With Filing Your Miami Motorcycle Accident Claim
When you reach out to Florin|Roebig for a free consultation, you’ll be connected with expert legal advisement for your individual situation. Whether you decide to move forward with your motorcycle accident claim is up to you.
If you speak to our team, you can get a better idea of how your accident and injuries will look to the courts and what you can do to maximize the settlement you receive. Call us today or fill out an online form for more information.
