A motorcycle crash can result in severe injuries that may take a lifetime to recover from. A Miami motorcycle accident lawyer can help you access care, fight for fair compensation, and protect your legal rights.
With experience in personal injury law, an attorney can negotiate with insurers and, if necessary, take your case to court. They work to ensure you receive compensation for medical bills, lost wages, and other damages. Learn how legal representation can make a significant difference in the outcome of your claim.
A Miami Motorcycle Accident Lawyer Can Help Protect Your Rights
Motorcycle riders injured due to another’s negligent or wrongful act have the right to pursue financial compensation from the liable party’s insurance company. If the at-fault party has no insurance, you may be able to file a personal injury lawsuit and seek compensation through the courts for your losses.
Many personal injury attorneys offer free, initial consultations. Typically, you can call their office and speak with someone on their team who can help you understand your legal options based on what you tell them about the accident.
The Role Of An Attorney In Investigating Your Motorcycle Crash
A motorcycle accident lawyer has the knowledge and resources to lead an investigation into how the accident happened and who is responsible. Although each accident is unique, an investigation may include the following steps to determine what happened and who is responsible:
- Review of police reports and medical documentation of injuries and associated costs
- Gathering CCTV footage and any images or videos taken by witnesses at the scene
- Compilation of eyewitness statements
- Reconstruction of the motorcycle wreck by accident experts
Key Elements To Prove Fault In A Miami Motorcycle Accident
Before you pursue compensation for your losses, you must show that someone else’s negligence caused your injury and subsequent damages. To do this, your motorcycle accident attorney will help you prove the following four elements:
- The at-fault person or entity had a duty to take reasonable care not to cause harm to others. For instance, a driver should follow traffic laws and not speed or drive while impaired, or a government department should properly maintain traffic signals and fix them when broken.
- The at-fault person or entity breached their duty of care by acting in a way that would reasonably be assumed to put others at risk
- The at-fault person or entity’s negligent action caused the accident in which you were injured
- Your injuries caused you to sustain losses
A Miami Motorcycle Accident Attorney Will Fight For Maximum Compensation
After evidence of negligence is collected, an attorney experienced in personal injury claims will help to identify the liable party—the individual or entity financially responsible for compensating you for your losses. Often the negligent party and the liable party are one and the same. Sometimes, liability lies with another party, such as a trucking company rather than a truck driver.
It is with the liable party’s insurance company that a claim for compensation will be made for your losses. The claim may include the following types of damages:
- Medical expenses now and in the future
- Lost income
- Loss of future earnings
- Loss of or damage to property
- Pain and suffering
- Mental anguish
- Loss of companionship
Once your compensation claim is filed, a Miami motorcycle accident lawyer can negotiate with the insurance company for a full and fair settlement on your behalf. Studies show that personal injury victims with legal representation often receive higher settlements than those who file claims on their own.
An Attorney Will Ensure You Meet Florida’s Statute Of Limitations
Most personal injury cases are resolved through negotiation. However, if the plaintiff (you) and the defendant (the at-fault party) cannot agree on a settlement amount, it may be necessary for a lawyer to file a personal injury lawsuit and seek monetary compensation through the courts.
Under Florida Statutes § 95.11, you typically have two years from the date of your accident to file a motorcycle accident lawsuit. Should that deadline be missed, you may be barred from taking your case to trial.
Trials can mean a longer wait before receiving compensation and less control over what that compensation amount may be. Going to trial is a risk, but choosing an attorney experienced in litigation may mean a favorable judgment or verdict by the time it is done.
Motorcycle Accident Victims Can Get Legal Representation With No Upfront Fees
Many motorcycle accident attorneys in Miami, FL, work on a contingency fee basis. This means that when you work with them, you will pay no attorney fees upfront or out-of-pocket expenses. The attorney is paid after successfully recovering compensation for you. If they fail to do so, you will not have to pay their fee.
Choosing an attorney who works on a contingency fee ensures you receive legal representation without financial risk. When you are injured, it is difficult to stay on top of the paperwork, deadlines, and changing personal injury laws that can affect your case. Focusing on recovery while relying on a lawyer skilled in fighting for victims’ rights is beneficial for you and your future.
Steps You Can Take To Strengthen Your Motorcycle Accident Claim
Your attorney will handle all of the legal aspects of your motorcycle accident case. There are steps you can take after a motorcycle accident that may contribute to the successful resolution of your compensation claim. After the crash, the most important thing is to get emergency medical assistance, if needed. If your injuries do not require immediate care, you should see a healthcare professional as soon as possible. Once that is taken care of, the following might help your case:
- Contact the police and tell them what happened. Do not guess and do not offer opinions. Just be factual and brief when you report the accident.
- Collect the names and contact information of the passengers and drivers involved in the crash, along with the drivers’ insurance policy information.
- Ask eyewitnesses for their names and contact information.
- Take pictures of the accident scene, the damaged motorcycles or vehicles, driver’s licenses, the VIN of the vehicles, and your injuries.
- Note everything you recall about the accident and what led up to it.
- Speak with a motorcycle accident lawyer.
Call The Law Offices Of Anidjar & Levine For A Free Motorcycle Accident Consultation
Our lawyers are experienced in personal injury law and, more specifically, the unique requirements of motorcycle accident cases. We offer responsive legal help that serves you. Call the Law Offices of Anidjar & Levine to discuss how a Miami motorcycle accident lawyer can help with your case today.
