You do not necessarily have to go to court for an Orlando motorcycle accident. In fact, you may be statistically unlikely to step foot in a courtroom as part of your pursuit of compensation for a motorcycle accident. You may be able to secure fair compensation through an insurance settlement, and may not have to go to court even if you choose to pursue a lawsuit. A New York Times article states that as many as 92% of accident-related lawsuits may result in a settlement, and such a result could prevent you from having to endure a court trial if it applies in your case.
Your Lawyer May Strive For a Settlement
While your lawyer will be prepared to take your lawsuit to trial if need be, you may prefer to reach a settlement if possible. Your first course of action may be to settle through insurance. Florida requires that all motorists maintain a minimum amount of insurance coverage, as the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains.
You may not be able to obtain an insurance settlement for several reasons. Possible obstacles to a post-accident insurance settlement include:
- Insurance coverage limits being less than your accident-related losses
- Insurance companies offering you a settlement that is of less value than you deserve
- Insurance companies contesting the need for certain types of medical care that you have undergone
- Insurance companies disputing your account of the motorcycle accident
A lawsuit may be the course of action that you choose if you cannot obtain fair compensation through insurance. Your lawyer will likely aim to obtain a fair settlement before the need to go to trial arises. If they can negotiate a pre-trial settlement, then you will likely not have to go to court for your Orlando motorcycle accident.
The Benefits of a Settlement
You may choose to accept a settlement for several reasons. Some of the reasons why you may prefer a settlement include:
- Your lawyer has some measure of control over the settlement negotiation process, as they can negotiate for a deal that you would agree to
- A settlement would allow you to avoid waiting for a trial to complete before you are able to obtain any compensation that you are awarded through a judgment
- A settlement may allow you to avoid having to make appearances related to your lawsuit, whether in court or elsewhere
There is a level of risk that comes from going to trial, as you cannot be certain of what the outcome of a trial may be. Your lawyer may be prepared to take those risks, but you may want to be aware of the benefits of accepting a settlement so long as the terms of the settlement are fair to you or your loved one.
Your Losses Could Determine What Constitutes a Fair Settlement
There is no way to generalize accurately about what a “fair” settlement is. Every motorcycle accident is different, and the losses that you or your loved one has suffered will not be identical to losses caused by any other motorcycle accident. Your lawyer may use the losses that you have suffered to determine what a fair settlement figure is.
Losses that your lawyer may consider include the cost of:
- Damage to your motorcycle and other personal property
- Medical care stemming from your accident
- Physical rehabilitation for your injuries
- Transportation to medical appointments
- Income you lose while recovering from your injuries
- Pain and suffering
- Medications for physical and psychological pain
- Psychotherapy for trauma related to your accident
- The total financial effect that your accident has had on you and your loved ones
- The total physical effect of your injuries
- The total psychological effects of your injuries
Injuries from motorcycle accidents are far more common than injuries from collisions involving other vehicles. The National Highway Traffic Safety Administration (NHTSA) states that about 80 percent of motorcycle accidents cause either fatal or non-fatal injuries. Your injuries may deprive you of physical and cognitive abilities and could reduce or eliminate your ability to earn a living. You may be able to collect compensation for such losses.
Your Lawyer Will Fight for Compensation on Your Behalf
Your lawyer’s goal will be to negotiate a settlement or win a judgment that compensates you for your accident-related losses. They may collect evidence, hire experts, interview witnesses, file legal paperwork, and engage in negotiations for the compensation that you should be entitled to.
Your lawyer may also defend your rights, provide a roadmap for seeking compensation, and counsel you on matters related to your insurance claim or lawsuit. Hiring a lawyer could allow you to pursue compensation without having to take on additional responsibilities, and their services may cost you nothing out of pocket.
Call the Law Offices of Anidjar & Levine Today
You deserve legal representation if you were injured or have lost a loved one in a motorcycle accident caused by one or more other parties. Call the Law Offices of Anidjar & Levine today at 1-407-500-4000. Our team will take care of your legal needs while you focus on your other responsibilities.