A motorcycle rider’s injuries can be catastrophic if they are involved in a crash with a car or truck . You may be entitled to compensation for any injuries or losses you suffered. With a motorcycle accident lawyer in The Hammocks, FL handling your case, you can devote your energy and attention to getting well. Call the Law Offices of Anidjar & Levine today for a free consultation.
What We Do for Our Motorcycle Accident Clients
One. Our first step is to talk about the wreck and injuries and explain your legal options. We do not charge for this service.
Two. Next, we investigate your accident, collect the evidence, and analyze the case. After we have all the information we need on the financial losses, like medical bills and lost wages, we calculate a fair amount for settlement, which can include things like pain and suffering and other intangible damages.
Three. At that point, we can either negotiate with the insurance company or file a lawsuit for compensation for your injuries. We often start with the insurer and then file a lawsuit if we do not reach a settlement, but the path of your process will depend on the details of your case and other factors.
Our fees will come out of the recovery, so we will not charge you legal fees until you win. Since you have medical bills and might not be able to work for a while, we do not want to add to your financial stress. Call a personal injury lawyer in The Hammocks, FL today to get started with a free consultation.
How to Determine Liability
You cannot necessarily sue everyone who was involved the motorcycle accident. Before the law will make someone pay you, that person must be liable for your injuries.
We have to prove all four of these elements to hold someone responsible for your damages:
- Duty of care. The other driver must have owed you a legal duty of care. All drivers have the responsibility to obey the law and drive with caution.
- Breach of duty. A person who fails to live up to their duty of care is negligent. Let’s say that the accident happened when a tractor-trailer ran into the back of your motorcycle when you were stopped at a red light.
The evidence revealed that the driver was tired from being on the road for 18 hours straight, which is a violation of federal law. By violating this law, the driver behaved negligently.
- Their negligence caused the accident. The driver did not brake in time because they were fatigued. But for their negligence, the crash would not have occurred. Their carelessness caused the wreck.
- You suffered damages. You sustained significant physical injuries from the tractor-trailer striking you. Physical injuries satisfy the element of damages.
Damages for Motorcycle Wrecks
You can get compensation from the responsible person for your losses, which can include things like:
Medical Expenses, such as the ambulance, emergency room or trauma center, hospital, diagnostic testing, medical procedures, doctors, surgery, injury rehabilitation center, physical therapy, prescription drugs, and pain management treatment.
Equipment and modifications, which can include things like crutches, wheelchairs, modifications to your home, and adapted vehicles, if you need these items because of your injuries.
Lost Income, which can include wages, salary, self-employment, and other income that you missed because of the accident, medical procedures, and healing time.
Diminished earning capacity, to cover the difference if you cannot make as much money after the accident because of your injuries.
Disability, if you are unable to maintain gainful employment because of your lasting impairment.
Long-term care, if your injuries require you to need daily assistance with medical treatments and personal care.
Pain and suffering, for your physical discomfort, emotional distress, and the inconvenience the accident caused.
Other non-economic damages, like disfigurement, loss of consortium, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
If a member of your immediate family died from injuries sustained in a motorcycle accident, you and your loved ones might be eligible for additional damages. You can call our office to see how a wrongful death attorney in The Hammocks can help you.
Three Things You Should Not Do After a Motorcycle Accident
- Do not make small talk with other parties or bystanders at the scene or post any information on social media about the wreck. Unfortunately, even an expression of sympathy can backfire on you. The person you commiserated with at the scene of the accident might try to twist your words into an admission of guilt, when that is not what you meant to say.
Posting any comments about the crash on social media can have the same negative result on a grander scale, since your words are out in full public view, regardless of your privacy settings. Once you post something online, you can never fully remove it.
- Do not give the insurance company a recorded statement without speaking to your lawyer first. No matter how warm and friendly the adjuster might act at first when he is trying to get what he needs from you, he has one job to do, and that is to pay you as little money as possible.
If you make the mistake of giving the insurance company a recorded statement, they now have a valuable piece of evidence that they can use against you to devalue your claim for injury damages. If the adjuster asks for a written or recorded statement, tell him to contact your lawyer.
- Do not delay in getting a personal injury lawyer on board. Some people wait until they reach an impasse with the insurance company before contacting a lawyer. By that time, your case may have taken damage that will lower its value. And in the worst-case scenario, the adjuster will drag out the negotiations until you miss the deadline for filing a lawsuit, in which case you will get no compensation at all from the negligent driver.
You can call the Law Offices of Anidjar & Levine for your free consultation. A member of our team will talk with you, explain your rights, and determine how a motorcycle accident lawyer in The Hammocks, FL can help you. There is no obligation, and we do not charge legal fees until you win compensation.
We Can Help.