Recovering compensation for injured motorcyclists is no easy feat, particularly because of regulations in place in the state of Florida that can complicate your insurance claims. As such, it is important to work with leading attorneys who are experienced in winning cases for riders and their families, and can ensure you are fully compensated for your losses.
Do you have legal recourse for your motorcycle accident?
If you were injured in a motorcycle accident and you were not at-fault, you may be able to recover compensation for your losses. While motor vehicles with four or more wheels are required to carry Personal Injury Protection (PIP) insurance under Florida law, motorcyclists are exempt. This is beneficial, because it means you’re not bound by PIP restrictions. For example, individuals who are injured in a motor vehicle accident are required to pass an “injury threshold” to bring a lawsuit, and they are not allowed to recover compensation for pain and suffering damages.
Conversely, motorcyclists do not have to pass an injury threshold, and they may seek compensation for all of their damages, including:
- Medical bills. This includes all past and future medical expenses, including ER visits, hospital care, medical devices, doctor’s appointments and more.
- Lost wages. If you’re unable to resume work normally following your accident, you may deserve to be compensated for wages you would have earned had you not been injured.
- Pain and suffering. This refers to the physical pain and suffering you’ve experienced as a result of the accident, and will be determined by the nature and extent of your injuries.
- Mental anguish. Victims of motorcycle accidents and their loved ones may also be entitled to compensation for any emotional suffering they’ve endured as a result of the accident.
Types of motorcycle accident lawsuits
The direction of your case, as well as the compensation you’re entitled to, will depend on your specific motorcycle accident lawsuit. Here are the four most common types:
To win a negligence lawsuit, your attorney must be able to prove that the other party acted with negligence, the negligence caused the accident, and the accident caused your injuries or losses.
The vast majority of motorcycle accident lawsuits are based on negligence, when the responsible party acted in a thoughtless and/or careless manner that caused injury, death or harm to another individual. For example, an individual may be considered negligent in the following scenarios:
- Driving under the influence.
- Failing to yield when appropriate.
- Failing to recognize motorcyclists in traffic.
- Driving over or under the speed limits.
- Swerving in front of or cutting off a motorcyclist.
- Failing to pay attention to other drivers and motorcyclists.
In many cases, accidents are caused by a defect in the motorcycle, such as faulty design, labeling or manufacturing practices. When this occurs, you may be able to bring a claim against the manufacturer of the motorcycle or the manufacturer of one of the motorcycle’s parts. Expert testimony and analysis is required to win this type of case and prove that the manufacturer of the motorcycle or one of its parts is responsible.
If you’ve lost a loved one in a motorcycle accident, you may be entitled to financial and punitive damages through a wrongful death lawsuit. To win this type of case, you will need the assistance of an attorney who can help you prove that another person’s negligence caused the death of your loved one.
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If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.
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