Motorcycle accidents can turn lives upside down in the blink of an eye. Whether it’s the individual involved or their family, the aftermath can be overwhelming, emphasizing the need for a Fort Lauderdale motorcycle accident lawyer.
At Winston Law Firm, our legal team stands by motorcycle riders, ready to assist. Our Fort Lauderdale personal injury lawyers will fight to ensure you are treated fairly and recover the maximum compensation possible. We’ve worked with Florida clients since 1989 and have a track record of success with similar claims.
Understanding Compensation After a Fort Lauderdale Motorcycle Accident
After a motorcycle accident, the bills start piling up. Medical care isn’t cheap and with injuries sidelining victims, loss of income further strains finances. Understanding compensation is crucial, as it offers a lifeline to victims and their families.
Not all compensation is created equal. Factors affecting the amount of compensation include:
- The severity of injuries
- The clarity of fault
- The specifics of the incident
With liability established and compensation the goal, it’s important to understand the full scope of damages you may be entitled to under Florida law. Collecting all applicable damaged categories can make a major difference in recovery, and a motorcycle accident attorney in Fort Lauderdale can work to maximize your claim.
Recoverable Damages
There are a variety of damages available in an accident claim. Your personal injury attorney will evaluate your losses and may pursue the following damages on your behalf:
Medical Expenses
This involves all past, current, and future medical costs for care received as a result of injuries from the accident. This may include medical bills for emergency response, physical therapy, surgeries, prosthetics, medication, and more.
Lost Wages
If the accident caused you to miss time from work or school, you may be able to recover wages and salary lost during that period. This could also include potential loss of future earning capacity if injuries hinder your ability to work going forward.
Pain and Suffering/Emotional Distress
No monetary value can undo suffering, but the law allows compensation for physical and emotional pain endured. Factors like the severity/longevity of injuries and impact on lifestyle and relationships are considered.
Scarring/Disfigurement
For visible scars or disfigurements, compensation aims to offset self-consciousness or embarrassment from permanent reminders of the accident.
Loss of Enjoyment of Life
An active person may recover damages for aspects of normal life that are no longer enjoyable, such as certain hobbies, sports, or household responsibilities.
Other out-of-pocket costs such as medical equipment, home health aid, and modifications may also be included to make you whole again. Our goal is to pursue every applicable category of damages, including punitive damages, to help you get the fair settlement you deserve.
Comparative Negligence in Florida Motorcycle Collisions
Florida’s legal landscape operates on a principle known as modified comparative negligence, which significantly impacts the resolution of car accident cases. In essence, this rule allows for the distribution of fault among multiple parties involved in an accident.
- How comparative negligence works: Florida’s system assesses fault as a percentage of each individual involved. This means that your ability to recover damages may be influenced by your degree of responsibility in the accident.
- Impact on compensation: Your ultimate compensation will be adjusted based on your share of fault. For instance, if you are found to be 20% at fault for an accident, any award or settlement you receive will be reduced by that percentage.
- Limits: You may only seek financial compensation from the other party if your percentage of fault does not exceed 50%.
Given these nuances and the significant impact they can have on your case, it’s crucial to consult an experienced Fort Lauderdale motorcycle accident lawyer who can guide you through this legal intricacy.
Challenges in Dealing with Insurance Companies
The primary goal of insurance companies is to maximize their earnings. It’s important to remember that these companies don’t typically have your best interest in mind and will look to minimize your payout when they can.
Our attorneys have extensive experience negotiating with these companies. We come armed with a comprehensive understanding of how they operate. It’s more than just gathering evidence; it’s about framing it in a way that maximizes compensation.
We believe that part of our mission is to inform people and empower them with information. That is why we wrote The Florida Motorcycle Bible: to give you all the knowledge you need to protect your rights and interests. You can download the book for free.
Injuries Our Fort Lauderdale Motorcycle Accident Lawyers Commonly Claim
In motorcycle accidents, injuries can vary significantly in severity. As a motorcycle accident lawyer in Fort Lauderdale, it is important to understand the typical injuries that motorcycle accident victims sustain to handle their claims effectively. Here are some of the common injuries we regularly encounter:
Traumatic Brain Injuries (TBI)
Motorcycle riders are at a higher risk of suffering head injuries due to the lack of protective barriers. TBIs are severe injuries and can range from mild concussions to severe brain damage, affecting cognitive abilities, speech, and motor skills.
These injuries can have long-lasting effects on the victim’s quality of life and may require ongoing medical care.
Spinal Cord Injuries
A motorcycle accident can result in back and neck injuries, including spinal cord compression, fractures, or herniated discs. Such injuries often lead to partial or complete paralysis, requiring extensive medical treatment, rehabilitation, and adaptive equipment to regain functionality.
Road Rash
When a motorcyclist is thrown from their bike during an accident, they may slide along the asphalt or pavement. This can cause severe abrasions, known as road rash, which can lead to skin infections, scarring, and even nerve damage.
Road rash injuries often require extensive wound care and may result in permanent disfigurement.
Broken Bones
Multiple bone fractures and shattered bones can be caused by the force of a motorbike accident. Severe fractures may necessitate surgical repair, immobilization, and rehabilitation to ensure a full recovery.
Soft Tissue Injuries
Motorcycle accidents often result in sprains, strains, and tears of muscles, ligaments, and tendons. These injuries can cause significant pain and may require rehabilitative therapy to regain strength and mobility.
Internal injuries
The force of a motorcycle crash can cause internal injuries that may not be immediately apparent, such as internal bleeding, organ damage, or internal organ failure. These injuries can be life-threatening and require immediate medical attention.
When representing clients involved in motorcycle accidents, it’s crucial to thoroughly evaluate these injuries and the impact they have on their well-being. If you’ve lost a loved one due to a fatal injury, our Fort Lauderdale wrongful death lawyers could help you with a wrongful death claim.
With an in-depth understanding of the typical injuries suffered in these accidents, a Fort Lauderdale motorcycle accident lawyer can effectively advocate for the compensation that victims deserve to cover medical expenses, ongoing care, lost wages, mental anguish, and pain and suffering.
Who Can Be Held Liable for My Injuries in a Motorcycle Accident Claim?
In Florida, determining liability for a motorcycle accident can be a complex process. Various parties can potentially be held responsible for the accident and the resulting damages.
Understanding who can be held liable is crucial to seeking proper compensation and holding the responsible parties accountable. Contact Winston Law Firm for the legal representation you deserve.
Negligent Drivers
The most common party held liable for motorcycle accidents is the at-fault party. If another driver’s negligence or reckless behavior caused the collision, they can be held legally responsible for the severe injuries and other damages suffered by the motorcycle driver.
When you’re on the road, you owe other drivers a basic duty of care. Negligent actions of a liable party may include:
- Speeding/ignoring speed limits
- Drunk driving
- Distracted driving
- Aggressive driving
- Violating traffic laws
- Ignoring blind spots
- Any other behavior that puts the motorcyclist at risk
If you or a family member is a motorcycle accident victim, don’t wait to get in touch with our law firm. We are standing by to help clients recover the fair compensation they deserve.
Manufacturers
Additionally, in some cases, the motorcycle manufacturer or distributor may be held liable if the accident was caused by a defect in the motorcycle or one of its parts.
This can occur if there is a manufacturing error, design flaw, or insufficient warning labels or instructions. In such situations, the injured party can pursue a product liability claim against the manufacturer or distributor.
Government Entities
Road authorities or government entities can also be held accountable for a motorcycle accident if poor road conditions or inadequate signage contributed to the crash.
If the accident occurred due to any of the following, the injured motorcyclist may have a personal injury claim against the responsible government entity:
- Dangerous potholes
- Improper road maintenance
- Faulty traffic control devices
- Other road hazards
- Insurance company
Additionally, it’s crucial to consider the potential liability of insurance companies involved in the accident. Florida follows a “no-fault” insurance system, which means that each driver’s insurance company is responsible for covering their losses up to their policy limit, regardless of who caused the accident.
However, if the damages exceed the policy limits or if the accident meets certain legal criteria, the injured motorcyclist may be able to pursue an insurance claim against the at-fault driver’s insurance company.
Determining Liability
Determining liability for a motorcycle accident in Florida requires a thorough investigation, gathering evidence, and understanding the specific circumstances and laws applicable to each case.
It’s highly recommended to consult with an experienced Fort Lauderdale motorcycle accident lawyer who can navigate the complex legal process and protect your rights. We can analyze the details of the accident, identify all potentially liable parties, and build a strong case to help you receive the compensation you deserve.
Statute of Limitations for Motorcycle Accidents in Fort Lauderdale, FL
Legal claims are always subject to time constraints, and the new rules affecting motorcycle accidents in Florida make acting swiftly even more important.
As of March 2023, the statute of limitations for filing a personal injury lawsuit has been reduced from four years to just two years from the date of the accident. Failing to file within this new two-year window will likely forfeit your ability to seek any compensation.
Be mindful that there are still conditions that could either lengthen or shorten this new two-year timeframe. Understanding these exceptions is vital, as they can dramatically affect your legal options and potential for compensation.
Act Promptly
Given the new tightened limitations and the complex nature of such cases, promptly consulting an attorney is highly recommended. Doing so will ensure you don’t miss out on the chance for rightful compensation and justice.
Contact a Fort Lauderdale Motorcycle Accident Attorney Today
Accidents challenge our physical well-being, emotional stability, and financial security. Taking steps to address these challenges is essential. Waiting isn’t just detrimental; it’s harmful to your recovery path.
If you’ve found yourself at the crossroads after a motorcycle crash, you’re not alone. A Fort Lauderdale motorcycle accident lawyer from Winston Law Firm is your ally, ready to guide, assist, and advocate. If you’re looking for guidance and unwavering support, contact our lawyers today to start your motorcycle accident lawsuit.
