If you got hurt in a motorcycle accident in Titusville, Florida, a motorcycle accident lawyer can help you go after the compensation you deserve for your injuries. You can call the Law Offices of Anidjar & Levine, for a free consultation.
With a personal injury lawyer in Titusville, FL taking care of your legal issues, you can focus on recuperating from your injuries and putting your life back together. We do not charge upfront legal fees. We get paid out of the settlement or judgment.
The Elements of Liability for a Motorcycle Accident
Let’s say that there were four vehicles involved in your motorcycle accident. You cannot simply sue every driver in the collision. Before the law makes someone pay compensation for someone’s injuries, the responsible party must be liable for the harm.
We have to prove all four of these factors to establish liability of the at-fault driver:
- Duty of care. The defendant driver must have owed you a duty of care. This element is a simple matter to establish since all drivers must operate their motor vehicles with caution.
- Breach of the duty of care. It is negligence when a driver fails to live up to his legal duty of care. For example, an inattentive driver was speeding and ran through an intersection against the red light. Running the red light, traveling at an excessive speed, and failing to devote the appropriate level of attention are all examples of negligence.
- The negligence caused the accident. The crash must be the result of the at-fault driver’s negligence. If a collision happened because the inattentive, speeding driver ran the red light, the facts satisfy the causation element of liability.
- You suffered quantifiable damages. Physical injuries satisfy the requirement of measurable damages.
Damages from Motorcycle Accidents in Florida
The amount of compensation you can get for your motorcycle accident in Titusville, Florida will depend on the unique facts of your case. Every auto accident is different, and two people in the same crash can have different types of injuries.
Some of the common categories of damages include:
- Medical expenses for the reasonable treatment you needed because of the wreck. These costs can begin with the ambulance and go all the way through the emergency room, hospital, surgery, doctor, prescription drugs, lab work, x-rays, and physical therapy, all the way to the end of your recuperation time.
- Lost income to replace the wages, salary, self-employment, and other income that you missed because of the crash and your injuries.
- Loss of earning potential, if you cannot make as much money as before the accident because of your injuries.
- Disability, if you are not able to maintain employment to support yourself because of the accident.
- Long-term care, if you need daily assistance with medical treatments and personal care because of your injuries.
- Pain and suffering, for your physical discomfort and emotional distress.
- Other intangible damages, like loss of enjoyment of life, disfigurement, post-traumatic stress disorder (PTSD), and your spouse’s claim for loss of consortium.
You and your loved ones might be eligible for additional damages if a member of your immediate family died from injuries suffered in a motorcycle accident. You can call our office for a free wrongful death consultation.
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How We Handle Motorcycle Accident Cases
When we take on a client who has an injury claim from a motorcycle crash, we talk with the victim about the wreck and how the injuries have affected his life. We investigate the accident and collect the evidence needed to prove the claim for compensation. Our motorcycle accident lawyers in Titusville, FL gather and evaluate the police report, medical records, employment records, and any other relevant material.
After our investigation and analysis, we calculate a fair dollar amount for settlement, including your financial losses like medical bills and lost income, as well as your noneconomic losses like pain and suffering and other intangible damages.
We will negotiate directly with the insurance company on your behalf so that you do not have to do so. If the claim for compensation does not reach a settlement, or if for some other reason it is appropriate, we can file a lawsuit with the court seeking your damages. We need to act fast as the state has statutes of limitations in place limiting our time to act.
Three Things You Should Do After a Motorcycle Accident
To protect your health and your injury claim, consider taking these steps right after a motorcycle wreck:
- Get immediate medical attention. Your medical records will be some of the best proof of your injuries and that the wreck caused the harm you sustained. If you delay in getting medical care, the at-fault driver’s insurance company will likely claim that you were not hurt at the accident, but rather, because of some later event.
- Have someone take photos of the accident scene as soon as possible. Preserve any other evidence, which can include getting the names and contact information of potential witnesses to the wreck.
- Talk with a lawyer to protect your right to compensation. The insurance company has teams of claims adjusters and lawyers working for them, and with a lawyer on your side, you can focus on getting well.
Three Things You Should Not Do After a Motorcycle Accident
These strategies can help you avoid a decrease in the value of your injury compensation claim:
- Do not post any information on social media about the wreck or talk with people at the scene. Making small talk at the accident site can backfire on you. If you express sympathy to another person who suffered injuries, he can twist your words into an admission of guilt, even though that is not what you intended.
- Do not give a recorded statement to the insurance company. If the insurer requests a recorded statement from you, refer the adjuster to your lawyer. The insurance company is not allowed to bother you once you have a lawyer protecting your interests. Recorded statements are only for the benefit of the insurance company. Insurers use these statements to devalue your injury claim.
- Do not accept a settlement offer before you have fully healed from your injuries. Many people do not realize that when they accept a check from the insurance company, they will not get more money down the road.
Also, the victim will have to pay their medical bills and all other financial losses out of that one check. If you have not finished your recuperation yet when you settle with the insurance company and you need additional procedures, like surgery, you will end up having to pay those medical expenses out of your own pocket.
You can call the Law Offices of Anidjar & Levine for a free, no obligation consultation. We do not charge upfront legal fees. Our motorcycle accident lawyers in Titusville, FL get paid out of the settlement or judgment.
