If you were injured in a motorcycle crash caused by another’s negligence, you typically have two years from the date of the crash to file a motorcycle accident lawsuit in Miami. The statute of limitations for a personal injury lawsuit changed from four years to two years in 2023. If you lost a loved one in such an accident, your filing deadline is two years.
A Miami motorcycle accident lawyer experienced in the personal injury laws of Florida can help you navigate the administrative details and legal requirements of bringing a case to court. Lawsuits can be complicated and time-consuming but are sometimes the only avenue available to recover the financial compensation you deserve after a motorcycle crash.
Key Steps to Complete Before Filing A Lawsuit After a Motorcycle Crash
Several important steps must be completed before filing a personal injury lawsuit after a motorcycle collision, including:
- Investigate the accident. You or your attorney may investigate the collision to determine who was at fault and if that person’s negligence caused the accident. To determine what happened and establish fault, your legal team may interview eyewitnesses, review police reports, obtain CCTV footage, inspect the accident scene, and reconstruct the crash.
- Prove negligence and liability. Once the investigation is complete, your team will look at the evidence to see if it can prove the four elements of negligence: the defendant had a duty of care to act safely, the defendant breached that duty by acting negligently, the breach of duty caused the accident and your injury, and your injury caused you to sustain losses.
- Review all possible liable parties. If a car runs a red light and collides with you, the driver is likely the primary liable party. However, if the car’s brakes had stopped working due to a defect, or if recent maintenance on the vehicle was improperly performed, or the traffic light was malfunctioning, liability for your injury and losses may move beyond the driver.
- Negotiate with the liable party’s insurance company. Once you know whose negligence caused your injuries, you can identify who is liable (financially responsible) for the negligent party’s actions. Your lawyer can help you complete and file a claim for compensation with the liable party’s insurance company. Then they can negotiate on your behalf for a full and fair settlement.
- File a lawsuit. If the insurance company denies your motorcycle accident claim or negotiates in bad faith, leaving the two sides unable to reach a settlement agreement, you may have no choice but to file a personal injury lawsuit to try and recover your losses through the courts.
Are there Exceptions to Florida’s Deadline for Motorcycle Accident Lawsuits?
According to Florida Statutes § 95.051 there are circumstances that may allow you to file a motorcycle accident lawsuit after two years, but they are narrow in scope. Speaking with an attorney knowledgeable in Florida’s personal injury laws can help you determine if any exceptions apply to your case. Examples of when the statute of limitations may be paused include:
- The defendant cannot be found or is no longer in Florida.
- The defendant was deemed incapacitated at the time of the crash.
- The defendant was a minor at the time of the accident.
- You did not discover your injury for some time after the date of the crash.
These and other exceptions do have time limits attached. If you have questions about the statute of limitations, discuss them with your motorcycle accident attorney to ensure you are clear about the filing deadline for your case.
How Comparative Fault Could Impact the Compensation You Receive
In 2023, Florida moved from a pure comparative negligence rule to a modified comparative negligence rule under Florida Statutes § 768.81. Before March 2023, if you and another motorcycle rider or vehicle driver were in an accident together, you could both recover compensation for your losses, even if you were found to be 95% at fault and the other driver was found to be 5% at fault.
If you were 95% at fault, you could recover only 5% of your losses, while the other driver, being 5% at fault, could recover 95% of theirs.
Today in Miami and the rest of the state, no one deemed more than 50% at fault for an accident can recover compensation for their losses. This is called comparative fault.
Types of Damages Injured Motorcycle Accident Victims Can Pursue
Your losses may include economic and non-economic damages. Economic damages are verifiable financial losses you have sustained due to your injuries and may include:
- Medical costs such as ambulance, hospital, aftercare, surgery, prescription medication, rehabilitation, physical therapy, medical devices or equipment, or transport to and from appointments
- Adaptation of your home to meet emerging needs
- Loss of income during your recovery and lost future earnings if your injury prevents you from resuming work
- Repair or replacement of your motorcycle or other property damage from the crash
Non-economic damages are subjective losses to which a dollar amount is applied, such as:
- Pain and suffering during recovery and for an extended period of time after, depending on the severity of the injury
- Mental anguish, depression, or anxiety
- Loss of companionship
- Loss of quality of life
- Loss of enjoyment of life
Your losses after a motorcycle crash are unique and may vary from the examples provided. If you lost a loved one in a fatal motorcycle accident, you and your family may be eligible for damages associated with a wrongful death. Your attorney will help you identify and quantify your losses.
Learn More About the Legal Deadlines that Apply to Your Motorcycle Accident Lawsuit Today
At the Law Offices of Anidjar & Levine, our Miami motorcycle accident lawyers can guide you through the legal deadlines of your case as you seek financial compensation. Call our law firm today to get the responsive legal representation that serves you.
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