There is no way to say for certain how long it will take to settle a motorcycle accident claim, as every settlement process is unique and independent. However, in many cases, an insurance adjuster will offer an initial settlement within 30 days of the claim’s filing.
Initial offers are often low, intending to resolve the case quickly and cheaply for insurance company’s benefit. However, a Daytona Beach motorcycle accident lawyer with our firm can negotiate with insurance agents and other parties involved in your accident to achieve the most advantageous settlement possible.
What Factors Affect The Timing Of Motorcycle Accident Settlements?
Legal teams, insurance companies, and law enforcement entities may all get involved in a motorcycle accident investigation. And, with each party fighting for their respective interests, the legal process can be lengthy and complex for individuals to deal with on their own.
Some factors that can affect how long your claim takes to settle are:
- The amount of compensation being negotiated
- Whether there is a dispute regarding liability
- How long it takes you to obtain diagnoses and complete assessments the insurance company and opposing parties may require for your claim or lawsuit
- Whether you choose to accept an initial offer or fight for a greater amount of compensation
The timetable for settling a claim could ultimately come down to what you are willing to accept. If you do not want to settle for less than what you deserve, you can consider filing a personal injury lawsuit in pursuit of fair awards. We can help you navigate the insurance or legal process and defend your rights while fighting for a settlement or verdict.
The Facts Of Your Motorcycle Accident May Be In Dispute
One issue that could extend the timetable for settling a motorcycle accident claim or lawsuit is whether the facts of your accident are in dispute. Ways we can support your account of the accident include:
- Contacting and recording statements from witnesses who saw the accident occur
- Consulting and hiring experts whose testimony supports your account of the accident
- Obtaining and producing any statements made by the target of your claim or lawsuit that indicate they are liable for your accident
- Obtaining any evidence, such as traffic camera footage, police reports, or physical data, that shows how the accident occurred.
Establishing fault for your accident is vital to winning the compensation you deserve. A lawyer with our firm will take all steps possible to show that your account of your accident is truthful and another party should pay for your damages. We can also deal with problems as they arise and handle your general pursuit of compensation.
Is There A Time Limit To Start A Motorcycle Accident Claim In Florida?
It is a good idea to get started on your motorcycle accident claim as soon as possible following your collision. Legally, Florida’s statute of limitations, outlined in Florida Statutes § 95.11(3)(a), allows up to four years from the time of your injury to file a personal injury lawsuit. In addition, if your loved one died from a motorcycle accident injury, you have up to two years from their passing to pursue a wrongful death case.
You want ample time to work through your claim and still leave a window for taking legal action if necessary. Furthermore, acting quickly will give our legal team the best chance at preserving evidence and interviewing witnesses while your accident is still fresh in their minds.
What Damages Can I Receive In A Motorcycle Accident Case?
Florida law does not require motorcyclists to carry insurance, and riders are exempt from the no-fault insurance system. This means injured motorcyclists have the unrestricted right to seek compensation from a liable party for economic and non-economic damages.
While every case is different, in general, a motorcycle accident settlement can include awards for the following:
- Past and future medical expenses, including the cost of emergency treatment, physical therapy and rehabilitation, follow-up care, medications, medical equipment, and long-term healthcare services
- Lost income, including lost wages, benefits, future lost earnings, and compensation for losing your earning capacity if you suffered an injury that prevented you from returning to your job.
- Pain and suffering, including monetary compensation for permanent and disabling injuries, physical pain, emotional and mental anguish, and reduced quality of life
- Personal property damages, including the cost of repairing or replacing your motorcycle and other damaged personal items, such as cell phones, safety gear, and navigation equipment
If your loved one sustained a fatal motorcycle accident injury, you might qualify for wrongful death compensation. Damages can include your loved one’s medical bills, funeral and burial expenses, lost wages, and lost future earnings. Survivors may also receive awards for their mental pain and suffering and the loss of their loved one’s emotional support, guidance, and services.
How Can I Prove Who Is Liable For My Motorcycle Accident?
A motorist who does not operate their vehicle with the utmost caution may violate their duty of care. The Legal Information Institute (LII) notes that a duty of care requires a driver to “with the care that an ordinarily prudent person would reasonably be expected to exercise in a like position and under similar circumstances.”
A motorist can violate their duty of care in several ways and may be liable for accident-related losses. The National Highway Traffic Safety Administration (NHTSA) lists some forms of risky driving, which include:
- Driving while drunk
- Driving while on drugs
- Drowsy driving
- Speeding
- Distracted driving
Additional forms of dangerous driving include:
- Changing lanes without signaling
- Making unsafe turns
- Running a red light, stop sign, or yield sign
- Racing
- Driving at night without headlights engaged
- Driving without functional mirrors
- Weaving in and out of traffic
In some instances, parties in addition to a motorist could be responsible for your losses, including:
- A vehicle or auto parts manufacturer whose product malfunctioned and caused your accident
- A mechanic whose work caused a vehicle to malfunction
- An at-fault motorist’s employer if your accident occurred while they were driving the vehicle in a professional capacity
- The owner of a poorly maintained, dangerously designed or constructed roadway
An attorney with our firm can handle the process of identifying fault for your accident and forming a strategy for seeking compensation. Our team will stick by you regardless of how long it takes to settle your motorcycle accident case.
Discuss Your Claim Today With A Motorcycle Accident Attorney From Our Firm
To learn more about how long it takes to settle a motorcycle accident claim, contact the Law Offices of Anidjar & Levine. Our Florida motorcycle accident attorneys can offer guidance and help you process your claim’s details.
We offer responsive legal care and will be your advocate after a motorcycle accident. You worry about getting better. We take care of everything else. So get started today with a risk-free, no-cost consultation.
