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After a motorcycle accident, you may have to contend with medical bills, lost wages and other issues. Your insurance is intended to help you cover the majority of these expenses. However, if you don’t believe that you are receiving your fair due, you may also choose to file a lawsuit against someone personally or another entity.
Moving from a claim to a lawsuit in Florida can be a complicated process. Make sure that you have a strong legal team on your side when pursuing further litigation.
As with all vehicle accidents, the road to compensation starts with filing a claim with your insurance company. They will take into account all of the facts of the collision, along with any extended medical expenses or damage repairs that you will need to pay, and offer a financial package accordingly.
Sometimes, however, the insurance company will only pay you up to a certain amount, or doesn’t deem that the full extent of your suffering is due to the motorcycle accident. When this situation arises, instead of trying to directly fight your insurance company, you may wish to pursue compensation from another source through a successful lawsuit.
If you were involved in a motorcycle accident that was not your fault, you may be able to sue the other driver. In these cases, you might argue that the accident was a result of their negligent driving or other unsafe behavior on their part.
Some accidents are not wholly caused by one motorist or another. Your specific situation may call for a lawsuit against a different entity.
If signage, construction debris, confusing lane patterns, or other factors related to local traffic regulation had a hand in your accident, you may have a case against a government entity.
Since it is their job to provide safe roads for all motorists, they often have an obligation to answer for dangerous driving conditions caused by their own rules or by the actions of one of their contractors.
Motorcycle malfunctions can lead to disaster on the roads. Your bike manufacturer may be on the hook for faulty brakes, lights that won’t turn on and other essential components that fail to measure up with proper care.
If a homeowner lets trash dump into the road or fails to report a leaking fire hydrant, they may be held at least partially liable for any motorist accidents that result from the unsafe conditions outside of their dwelling.
No matter who or what entity you choose to file against, be sure to have a strong case ready to present in court.
Any lawsuit must prove a few key facts in order to award the plaintiff any dues. Primarily, your case will need to support that the other party had owed you a duty of care, and that that duty was breached. In some cases, this could mean that a driver owed you their ability to drive safely, but that was breached. It may be that a manufacturer owed you a safe bike, but a production error breached that duty.
The other half of supporting a lawsuit comes from proving that that specific breach caused the accident in question. In turn, the accident caused by the previously established breach of duty resulted in damages significant enough to bring to the courts.
In order to win a case, it must be proven beyond a reasonable doubt that all of these elements are true. A Florida motorcycle accident lawyer can help you present the strongest possible argument.
In court, a judge will take into consideration a number of pieces of evidence. Some of the strongest pieces of evidence to support your lawsuit include:
After your motorcycle accident, a police officer or sheriff should fill out a detailed report of the collision. They will likely take photos and speak to witnesses that they can find in the moment. They may also ask the involved parties for statements about what happened.
Even if their words don’t make it into the initial report, a judge can still hear testimony from people who saw a motorcycle accident. Their accounts can help determine who was at fault for the collision.
In many Florida motorcycle accident cases, it is possible to get compensated for lost wages over the course of your recovery period. You may also be entitled to compensation if you lose earning potential as a result of your injuries. Pay stubs and signed employment contracts are just two examples of potential documentation you might submit regarding these points.
In order to prove that you deserve higher levels of compensation for your injuries, a judge will need to understand the exact extent of said sustained injuries.
Documentation from the hospital you were treated at, or where you continue to receive treatment, can be crucial pieces of evidence. In complex cases, a medical expert may be called upon to provide further insight into what lasting physical or mental repercussions you may experience as a result of the accident.
A motorcycle accident attorney in Florida can help you compile all of your evidence and present it to the court in a manner that best builds up your case.
Some motorcycle accidents involve uninsured drivers. If a court finds an uninsured motorist guilty of negligence, or they do not otherwise have the means to pay for the full court-ordered sum, you may be able to receive your due payment through other means.
For example, a lien can be placed on a defendant’s property to help make up for what they cannot pay. They may also be ordered to pay you out of their future earnings or assets. In addition, business assets may also be used to pay your settlement.
In the state of Florida, you have four years from the date of an accident to file a personal injury lawsuit. While this may sound like an extensive period of time, court proceedings can stretch out. Independent efforts made to gather evidence and interview witnesses will also need to be mostly concluded prior to filing. On top of this, any necessary insurance negotiations made in the meantime can take weeks to months to complete.
Generally speaking, it’s best to contact a personal injury lawyer as soon as possible to get started on your case. They can help you navigate the process of filing a lawsuit and help you organize your evidence in a timely manner.
Motorcycle accidents can cause pain and stress for both you and your loved ones. If you or a family member have been involved in a motorcycle accident in Florida, call on the attorneys at Kogan & DiSalvo. Our team is committed to fighting for every dollar owed to Florida motorcyclists. Get in touch with us today for a free comprehensive review of your case.
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