Because settlement figures are not made available to the public, there is no way to say what the average settlement for an Orlando motorcycle accident is. Knowing the average settlement for other cases would not affect the value that you may receive from a settlement anyway, as each case is brought independently of all others before it. The circumstances of your accident are what may ultimately determine the value of any settlement or judgement that you are entitled to. Your lawyer will review how your accident occurred to determine why you should be granted compensation.
Your Settlement Value May Depend On Your Losses
There are generally three ways that you could collect a compensation settlement after a motorcycle accident. They are:
- An insurance settlement
- A pre-trial settlement after you file a lawsuit
- A post-trial award
In any case, the losses that you suffer from the accident should impact the value of the settlement you deserve. Your lawyer may first determine whether you could obtain the compensation that you deserve through insurance. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) notes that required insurance in the state generally covers:
- Up to 80% of “all necessary and reasonable medical expenses” related to your accident
- Property damage to your vehicle
All drivers in Florida are required to have at least $10,000 in coverage for Personal Injury Protection (PIP) and $10,000 in coverage for Property Damage Liability (PDL). However, you may suffer losses that are greater than this amount of protection, in which case you may choose to pursue compensation through a lawsuit.
The economic cost of motorcycle accidents involving riders without helmets alone is over $1 billion each year, according to the Centers for Disease Control and Prevention (CDC). Whether you were wearing a helmet or not, your accident may carry a substantial price tag that ranges beyond the direct financial costs.
Secondary Costs of Accident Injuries
One reason why knowing the average settlement for an Orlando motorcycle accident may not be of much use is the different impact that injuries can have on different victims. The losses that come from your motorcycle accident may be impacted by:
- The equipment you were wearing (or were not wearing) at the time of the accident
- The speed at which your collision occurred
- Whether you were thrown from your motorcycle
- How you landed if you were thrown from your motorcycle
- The specific injuries that you suffered
- How your body responds to your injuries
These and other variables could color the extent of losses that you suffer because of your motorcycle accident. Some of the losses that you may experience include:
- Income that you cannot earn because you are injured
- Harm to your earning capacity, which could last even after you have reached maximum recovery
- The cost of medical care to diagnose, treat, and rehabilitate your injuries
- Mental anguish, which may include specific conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD)
- Changes in your personality
- Harm to your cognitive abilities
Your lawyer can determine the value of both economic and non-economic losses that you have suffered because of your motorcycle accident. You may also seek compensation for a loved one who is severely injured or has passed away because of a motorcycle collision.
A Lawyer Will Demand Accountability for Your Losses
A lawyer’s role is to be your advocate, seeking justice through the means that make the most sense for you. You may be able to hire a lawyer on a contingency-fee basis, which means that you may not have to pay them out of your own pocket. Instead, their fee will come from any compensation that they win for you or your loved one.
Your lawyer can deal with the insurance companies as you pursue an insurance settlement or complete a lawsuit. If insurance does not produce the settlement that you hope for, then your lawyer may proceed by:
- Determining all parties who should be named as defendants in your lawsuit
- Filing your lawsuit
- Collecting all evidence relevant to your lawsuit
- Hiring experts to provide testimony on your behalf
- Illustrating why you are entitled to the compensation that you are requesting, which may include showing photographs and medical assessments for your injuries
- Negotiating a pre-trial settlement
- Completing a trial if necessary
- Defending your rights throughout the entire legal process
Florida Statutes § 768.81 details comparative fault, which generally states that you may be assigned compensation so long as you are not the party most responsible for your accident. Your lawyer will make your case for awards whether you were partially at fault for the accident in question or not at fault at all.
Call the Law Offices of Anidjar & Levine Today
The team at the Law Offices of Anidjar & Levine goes the extra mile for clients, and we may represent you or a loved one in the aftermath of an Orlando motorcycle accident. Do not wait to call us, as you may have a limited time to bring certain types of legal action.
Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation. You worry about getting better. We take care of everything else.