In general, you have up to two years to file a motorcycle accident lawsuit in Tampa. This deadline may vary based on the circumstances of the case, though. Still, if you try to file your case after the statute of limitations expires, the court might reject it. In that event, you may have limited or even no options for financial compensation.
One of the Tampa motorcycle accident lawyers with our law firm can pinpoint the corresponding filing date and help you meet this deadline. It is important that you contact our firm early in your case. This way, we will have more time to build and submit your claim.
Legal Deadlines For Filing A Motorcycle Accident Lawsuit
If you want to take legal action following a motorcycle crash in Tampa, you must adhere to state-mandated deadlines. According to Florida Statutes § 95.11, there is generally a two-year statute of limitations, or time limit, for filing a personal injury lawsuit.
The day it begins depends on the nature of the case. For example, if you are submitting a personal injury case, you would have two years from the day of the motorcycle accident to file. However, if your loved one passed away from the injuries they suffered, the statute of limitations would start on the day the decedent died. Sometimes, claimants qualify for an extension, such as if a minor was involved, but it is unusual.
In any event, it is best to start working on your case right away. Otherwise, filing late could cause you to lose leverage in settlement negotiations with the insurance company as well as the court denying your case. As a result, you may be ineligible for financial recovery, regardless of the strength of your case. If you get motorcycle accident lawyers in your corner, they can work to ensure you achieve a favorable outcome.
Steps To Take After A Tampa Motorcycle Accident
You can start building your Tampa motorcycle accident claim at the accident scene. Take these steps to protect yourself, as well as your case.
- If you are able, pull over to the side of the road and get yourself to safety.
- Call the police and have them write a report. You can later access it through the Police Records and Online Reporting of the Tampa Police Department.
- Get medical attention, whether that is taking the ambulance to the emergency room or going to your primary care doctor.
- Document the crash scene by taking pictures or videos, including your injuries, road and weather conditions, the damaged motorcycle, and the scene from multiple angles.
- Exchange insurance and contract details with the other driver.
- Get witnesses’ names and phone numbers.
Once you have completed all of these steps, consider hiring our Tampa motorcycle accident attorneys. They can handle all the paperwork and filing processes for you.
Handling Insurance Companies After A Motorcycle Accident In Tampa
When you begin your case against the at-fault party, you must lay the foundation of your claim with evidence, which may include:
- The police report
- Photographs of the damaged motorcycle, injuries, and crash scene
- Traffic camera footage
- Medical records and bills
- Witness testimonies
- Accident reconstruction analysis
This information will demonstrate that the other party was negligent in that they owed you a duty of care, breached it, and caused the accident and your damages. Then, your Tampa personal injury lawyers will present it to the insurance provider and request compensation on your behalf. Insurers often do not offer fair settlements immediately, requiring negotiations.
How long these negotiations last differ. They might even persist well after you file a lawsuit. Sometimes, your legal representatives may not be able to reach an agreement with the insurance company. When that happens, they can take your case to a trial and continue to fight for your rights before a judge.
Common Compensation Types For Motorcycle Accident Claims
When you file a motorcycle accident lawsuit, you can pursue various forms of compensation. What you may collect is unique to your case, as it depends on these factors:
- The type and severity of your injuries
- What your medical treatment entails
- How your working life has been affected
- Any restrictions the accident and your injuries impose on you
Although no two cases are alike, there are similarities among the types of damages motorcycle riders can recover, such as:
- Lost income: It is possible you had to take time off work to heal and go to doctor’s appointments.
- Future loss of earning potential: This award can make up for the difference in pay if you had to work fewer hours or take a pay cut to accommodate your injuries.
- Past and anticipated medical care costs: Your severe injuries could have required surgery, pain medications, assistive medical devices, doctor’s appointments, the ambulance, or physical therapy.
- Pain and suffering: Motorcycle accident injuries, such as biker’s arm, road rash, traumatic brain injuries (TBI), spinal cord injuries, or broken bones, can cause significant pain, discomfort, and inconvenience.
- Mental anguish: Because motorcycle accidents can be so traumatic, you could suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or phobias.
- Property damage: You may request coverage for your repair or replacement expenses.
- Scarring: Motorcycle accident injuries can cause disfigurement and restrict your mobility.
Motorcyclists are very vulnerable to serious, sometimes fatal injuries, in a crash. If your loved one lost their life from these kinds of injuries, our Tampa wrongful death lawyers can help you pursue compensation through a wrongful death lawsuit. For example, pain and suffering, loss of consortium or companionship, final medical expenses, funeral costs, and loss of income. They will review your case and determine what you qualify for.
Start Working On Your Claim Today With Our Tampa Motorcycle Accident Attorneys
You do not have too long to file a Tampa motorcycle accident case. Two years can go by quickly, but the Law Offices of Anidjar & Levine can help you stay on top of things. Our Tampa motorcycle accident lawyers will work to file your case on time so you can pursue fair compensation for your damages.
Call us today for a free initial consultation.
