Riding a motorcycle in the open air is thrilling; however, it can also be very risky. Motorcycles lack the safety features and protection of automobiles, and accidents often result in serious injuries or death to the motorcyclist.
If you sustained a serious injury in a motorcycle accident, you may be out of work and facing mounting medical expenses. If your accident was due to someone else’s negligence, you should speak to a personal injury lawyer in Palm Bay, FL as soon as possible. You may be able to recover compensation for your damages.
The motorcycle accident lawyers at the Law Offices of Anidjar & Levine offer a free consultation. There is no risk to you and we want to help.
Palm Bay Motorcycle Accidents Result in Severe and Fatal Injuries
Palm Bay’s pleasant climate, bay views, and scenic roadways make it an attractive location for motorcyclists. However, riding motorcycles can be a dangerous hobby. According to the Insurance Institute for Highway Safety (IIHS), per mile traveled, motorcycle riders are nearly 30 times more likely than vehicle occupants to suffer a fatal accident.
In Brevard County, home to Palm Bay, there were 288 motorcycle accidents in 2021, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). These accidents resulted in 257 injuries and 20 deaths.
What You Should Know About Filing a Motorcycle Accident Claim in Florida
There’s nothing simple about a motorcycle accident. Your best move is to contact a Palm Bay motorcycle accident lawyer. The lawyers at Anidjar & Levine can walk you through everything you need to know about filing a claim such as:
You Must Prove Negligence
To have a valid motorcycle accident claim, you must show someone else’s negligence caused the accident. For example, if the automobile driver was drinking, speeding, texting, or failing to yield or obey traffic signals, you may have a valid claim. In some cases, a defective part or design may have caused the accident. In this situation, the automobile or motorcycle manufacturer may be liable for your damages.
You May Be Entitled to Damages Even If You Contributed to the Crash
Florida’s comparative negligence rule allows you to file a claim even if you contributed to the crash. In this situation, your degree of fault affects the amount of compensation you may receive.
You do Not Have to Meet an Injury Threshold
Automobile drivers in Florida must carry personal injury protection (PIP) insurance, which pays for a percentage of medical care after a car accident, regardless of who caused the crash. Under this system, drivers cannot file a claim or lawsuit against an at-fault driver unless their injuries meet the threshold outlined in Florida Statutes § 627.737.
However, the state does not require motorcycle riders to carry PIP or meet an injury threshold. Motorcyclists do not have any restrictions on their right to seek compensation from a liable driver for accident-related medical care or other damages.
You do Not Have an Unlimited Amount of Time to Take Action
According to Florida Statutes § 95.11, you have four years to sue for a personal injury and two years to file a wrongful death lawsuit. Even if you expect your case to settle, you want to leave ample time to investigate your accident, build a case, and work through negotiations before time runs out and you no longer have the option of going to court.
Damages in a Motorcycle Accident Claim
Because motorcycle accidents often result in catastrophic injury, compensation can be significant to cover high medical bills and ongoing medical care or rehabilitation. Common types of damages in motorcycle accident cases include:
Motorcycle accident victims often sustain devastating injuries and high medical bills. It is important to remember to not only seek compensation for your current medical expenses but also your future medical treatment. This could include rehabilitation, home health, medical equipment, and more.
Loss of Income and Earning Capacity
Your injuries from a motorcycle accident might keep you out of work as you recover. This loss of income can be devastating for you and your family. Your motorcycle accident lawyer can recover compensation for your lost wages.
If your injuries require you to work fewer hours, take a job that pays less, or retire from your job, you can recover compensation for the difference between what you should be earning and what you are currently earning. This can also include losses such as retirement benefits, pensions, 401(k) contributions, promotions, and bonuses.
You can recover the cost of fixing your motorcycle. If the damages qualify as a total loss, you can seek compensation for the value of a comparable replacement vehicle. You may also seek the value of any other personal property that suffered damages, including laptops, cellphones, watches, and jewelry.
Pain and Suffering
Pain and suffering can be challenging to value. Your motorcycle accident lawyer will consider many factors to calculate your pain and suffering damages. These factors include your capacity to enjoy your previous activities and the mental anguish and trauma you have suffered following your motorcycle accident.
If your loved one died because of a motorcycle accident injury, our wrongful death attorneys can assist you. We can recover compensation on behalf of your loved one’s estate, including medical expenses, funeral and burial expenses, and lost income. Additionally, you may qualify for awards for pain and suffering caused by your loved one’s death.
How Anidjar & Levine Can Help After a Palm Bay Motorcycle Wreck
It can be difficult to manage all the tasks involved with filing an injury claim after a motorcycle crash, especially if you are recovering from serious injuries. We want you to focus on recovering from your injuries, which is why we handle your entire case. To build a successful case on your behalf, we can:
Once we take on your case, we will gather any necessary evidence. This might include:
- Photos of the scene
- Photos of your injuries
- Surveillance video, if available
- Testimony from eyewitnesses
- The accident report
- Your medical records
- Testimony from an accident reconstruction expert
Determine the Value of Your Case
Every motorcycle accident is different, which means each claim will be worth a different amount. Our attorneys will obtain the following to determine the damages to which you may be entitled:
- Your medical records
- Medical bills
- W-2s or pay stubs
- Testimony from your employer, coworkers, and friends
- Your testimony
- Testimony from experts to determine how long your injuries will continue to affect you and whether they might keep you out of work
Negotiate With Insurers
Insurers will do what they can to offer you less than you deserve. Our team will negotiate with the insurer to get the compensation to which you are entitled. We will also handle all of your communications with the insurance company – helping you avoid the hassle of returning calls and emails.
Letting us speak with insurers also protects you from accidentally providing them with information they could use against you. If an insurance agent contacts you, do not give them details about your accident or injuries or discuss the cause of your crash. Instead, direct them to speak with our attorneys.
Take Your Case to Court If Necessary
In some cases, the insurance company refuses to offer a fair settlement. If this is the case, our injury attorneys are not afraid to file a lawsuit and fight for your right to compensation in court.
Represent You on Contingency
We do not want to add to your accident-related expenses. Therefore, our services cost nothing out of pocket. Our fees come from a percentage of your settlement or verdict and we do not get paid unless we win your case.
Furthermore, our goal is to make getting the awards you need as stress-free as possible for you and your family. We will provide you with regular case updates and give you your attorney’s phone number so that you always know how to reach us. We can even help schedule medical appointments and get your motorcycle fixed.
Talk to a Motorcycle Accident Lawyer in Palm Bay, FL Today
Motorcycle crashes are common in Florida and often end in devastating injuries or death for the motorcyclist. The Palm Bay injury lawyers at the Law Offices of Anidjar & Levine have helped many Florida motorcyclists and their families receive the compensation they deserve.
We understand how a serious accident can disrupt your life, work, finances, and any plans you may have had for the future. Before you settle with your insurance company, talk to us. We work tirelessly to see our clients get the compensation they deserve.
Call the Law Offices of Anidjar & Levine today. The initial consultation is free.
We Can Help.