After an Orlando motorcycle accident, you may be able to collect damages for medical costs, pain and suffering, property damage, and other accident-related losses if you qualify to bring a lawsuit under Florida Statute § 627.7407, also known as the “Florida Motor Vehicle No-Fault Law.”
This statute generally requires motorists to carry certain insurance protections, but there may be circumstances under which you are permitted to bring a personal injury or wrongful death lawsuit despite the presence of such insurance protections.
Your Damages Could Warrant Compensation
There are generally two scenarios in which a personal injury lawsuit, or another form of lawsuit, is necessary. These scenarios are:
- If you or a loved one has been seriously injured and at least one other party is at fault
- If your loved one has died because of another party
In the case of minor accidents, insurance coverage may be enough to cover your losses. However, if you have suffered a severe injury or lost a loved one, a lawsuit may be the only way to pursue an amount of compensation that is fair. In the case of a severe injury, your losses may include:
- The cost of ambulance transport
- The cost of emergency care
- The cost of hospitalization
- The cost of other medical care stemming from your motorcycle accident
- Income you lose while you are injured
- Impairment resulting in loss of future income
- Harm to your mental health
- The cost of transportation to and from medical appointments
- Lost personal and professional opportunities
- Pain and suffering
Wrongful Death Damages
The damages that you can collect for an Orlando motorcycle accident that claimed your loved one’s life may be slightly different. Losses from a wrongful death could include:
- The loss of companionship and comfort for the spouse of a loved one
- The loss of guidance for children of the deceased
- Funeral expenses
- The loss of financial protection for any dependents of the deceased
Your lawyer will consider all of the losses that have come from your accident and fight for fair compensation through an insurance claim or lawsuit.
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How Much Is a Motorcycle Accident Settlement Worth?
The value of your settlement will depend on several factors. Primarily, your financial losses and expenses will make up the bulk of your settlement value; however, if you suffered severe injuries that will have long-lasting effects on your mobility and quality of life, your future needs and suffering will also affect the value of your case.
It’s not possible to estimate your settlement without a thorough case review, as each person’s circumstances are unique. A member of our team can walk you through your losses, the impact of the accident on your life, and projected needs to get an idea of what your case may be worth.
Florida Insurance Requirements
Insurance may be a factor in your accident. Whether you are able to reach an insurance settlement to cover your losses or you must pursue compensation through a lawsuit because insurance is not sufficient, you may have to address insurance in some capacity.
Florida’s Required Minimum Insurance Coverage
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains the insurance minimums that motorists in Florida must carry. Those minimums include:
- $10,000 in Personal Injury Protection (PIP) insurance, which may cover up to 80% of your medical costs as a motorcyclist injured by a motorist
- $10,000 in Property Damage Liability (PDL), which may cover damage to your motorcycle and other personal property harmed because of another motorist’s actions
A Lawyer Can Help You With Navigate Insurance Claims
You may hire a lawyer to navigate insurance-related issues, as there are several possible pitfalls that you could face from the moment that your accident occurs. A lawyer may be able to help you by:
- Ensuring that you understand the gravity of any insurance-related statements that you make
- Handling as much of your insurance-related correspondence as they can so that you are protected from bad-faith insurance company tactics
- Negotiating your settlement
- Advising you on the relative quality of insurance settlement offers that you receive
It is possible that you will not receive a fair insurance offer. It is also possible that the amount of insurance coverage provided by your own policy and the policies of at-fault parties may not be sufficient to cover your losses. If this is the case, then you may have suffered a severe injury that qualifies you to bring a personal injury lawsuit.
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Motorcycle Accident Cases May Be Difficult to Handle On Your Own
Motorcyclists are less protected than motorists who are in enclosed vehicles. Therefore, when a motorcyclist experiences an accident, for example, with a collision with a car or a truck, they usually suffer more serious injuries than vehicle occupants.
According to the National Highway Traffic Safety Administration (NHTSA), 5,579 motorcyclists died in accidents in 2020 alone. This research also states that fatalities occurred 28 times more frequently with motorcycle riders than those in passenger vehicles.
After an accident, especially if another driver’s recklessness or negligence is responsible for the crash, and especially if the accident was severe, you can take some important steps to protect your rights.
Consult With Your Doctor
If you have not yet seen a doctor, you should get a medical evaluation as soon as possible after an accident. Consider that some injuries may not be immediately apparent. According to the Mayo Clinic, a traumatic brain injury (TBI) can be a serious head injury that, in some cases, may go undetected for days and even weeks. Something you might consider harmless, such as a persistent headache, could be a sign of a serious condition.
Also, consider your legal rights. If you wait too long before seeing a doctor and later decide to take legal action against a negligent driver, it can be tough to prove that your injuries stem from the accident. Seeing a doctor right away can provide you with the necessary evidence detailing injuries from the accident.
A Lawyer May Lighten Your Load
Having a lawyer to take on your insurance claim or lawsuit could be substantially less responsibility than trying to handle either on your own. You may choose to hire a lawyer who has prior experience with motorcycle accident cases and could have a strategy ready for pursuing compensation on your behalf.
While you have a right to handle your post-accident pursuit of compensation on your own, there are good reasons why you might choose to hire a personal injury lawyer. You may not have knowledge of relevant laws, may be physically and mentally impaired because of your accident, or may have plenty of other responsibilities to manage.
You did not deserve to be in an accident that was not your fault, and it should not be your responsibility to seek compensation if you do not wish it to be. A lawyer may be able to handle your claim or lawsuit from start to finish; all you have to do is call.
Call the Law Offices of Anidjar & Levine Today
Dangerous drivers can change the course of your life without a warning, and you or a loved one could be entitled to compensation for losses suffered in a motorcycle accident. Call the team at the Law Offices of Anidjar & Levine today to find out how we will go the extra mile for you.
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