The National Highway Traffic Safety Administration (NHTSA) estimates that more than 80% of motorcycle crashes end in the biker sustaining a serious injury or even in death. Given the seriousness of your wounds, you could also lose income because of time off work, making it harder to pay for medical expenses. However, being compensated by the individual responsible for the accident could help you cover for most of the losses you suffer.
The traumas and losses connected with motorcycle accidents tend to be very severe. Therefore, consult with a knowledgeable Deerfield Beach motorcycle accident attorney as quickly as possible to explore all of your monetary compensation alternatives.
Statutes that May Influence Your Motorcycle Accident Appeal
The statute of limitations and comparative fault are two regulations that may affect your personal injury claim or trial.
Limitation of Liability
Any personal injury claim against a party at fault has a four-year limitation period per Florida Statutes 95.11. This implies you have four years after your injury to claim damages, or the court will stop you from receiving any compensation relating to your mishap. If you choose to seek a lawsuit, a Deerfield Beach motorcycle accident lawyer can help you stay on track with timelines.
Are You Still Able to Recover Damages If Your Motorbike Accident in Deerfield Beach Was Partially Your Fault?
Even if you bear some blame for your accident, you may still be entitled to compensation. The clear comparative negligence principle applies in Florida, allowing claimants to seek restitution for the percentage of harm inflicted by the other party.
The insurance agent or the court will look over all the paperwork, review the evidence, and afterward allocate a proportion of fault to every participant. They may lower your damages payout depending on your level of liability. For instance, if they find you to be 40 percent responsible in an accident and the amount of your damages is $100,000, they could entitle you to 60 percent of your losses, approximately $60,000.
In other circumstances, including a rear-end collision or a frontal accident with a reckless driver, the culpability is obvious. Sometimes, motorcycle accidents are significantly more complicated, and the parties, including their insurance providers, are in conflict over who is to blame.
What Can a Deerfield Beach Motorcycle Accident Attorney Do for You?
A motorcycle accident attorney in Deerfield Beach can look into the circumstances of your accident and establish a solid case for you, seeking compensation to the fullest degree of your suffering. This can involve the following:
- Collecting proof connected to your accident, such as police records, eyewitness accounts, and other reports.
- Getting medical documents, invoices, and vouchers, along with consulting with your medical specialist.
- Establishing responsibility, which may entail collaborating with accident reconstruction specialists to reconstruct what occurred.
- Bargaining a reasonable deal with the insurer.
- Defending your rights in court if they cannot achieve an amicable agreement.
An experienced motorcycle accident attorney is familiar with the mechanics of motorcycle accidents and therefore can evaluate all the elements that have contributed to your accident.
How Does Bodily Injury Liability Insurance (BIL) Work?
Should the at-fault operator have bodily injury liability insurance (BIL), which is a supplementary policy in Florida, your attorney can submit a claim against their insurance provider and recover up to the coverage’s limitations.
You may make a personal injury claim with the motorist’s insurance provider if they do not have BIL protection or if the coverage does not compensate for your losses.
How Will Your Motorcycle Accident Lawyer in Deerfield Beach Prove the Other Party’s Negligence?
Negligence manifests itself in a variety of ways. Operator recklessness includes texting and driving, rushing, failing to look properly prior to a lane change, and operating when drunk or under the influence of drugs. Your lawyer must establish that another operator owes you a legal responsibility to protect you against danger and that they broke the obligation, causing your accident. They should also show that you incurred losses and injuries during and after the accident.
Each motorcycle accident is unique, and the facts must reflect that. Here are some pieces of proof that they might use to substantiate our point:
- Traffic or surveillance camera recordings
- The motorist’s breathalyzer test findings or mobile phone statements
- Images of the incident and motorbike damage
Is It Wise to Contact a Deerfield Beach Motorcycle Accident Lawyer for a Minor Crash?
Any individual who has been seriously injured in a motorbike accident should seek legal advice. Therefore, even for a minor accident, it is often worthwhile to retain a motorcycle accident attorney.
The irony of your motorbike accident is that it may have been more severe than you first assumed. It may take days or even weeks for the sheer magnitude of your ailments to become clear. What appears to be a tiny case can quickly escalate, particularly if you are taking legal action for more than minimal hospital costs or the destruction of property. Your lawyer can assist you if your case includes lost pay, emotional distress, pain, and suffering or other types of sophisticated losses.
Policy limits are another concern that may not arise until later in the reimbursement process. Most liability insurance plans feature modest limits on how much the insurer can cash out in the event of a claim.
What Percentage Do Motorcycle Accident Lawyers Take?
All personal injury attorneys work on a contingency fee basis. This means the attorney only collects payment if you receive money in a judgment or settlement from your case. You owe nothing to the attorney unless you get paid. If and when you do receive a settlement or judgment, the attorney is paid a percentage that is agreed upon at the beginning of your case. If the attorney is unable to collect any additional settlements for you, you owe them nothing. The contingency fees outlined by The Florida Bar are 33.3% for a pre-suit settlement up to $1,000,000 and 40% for a litigation settlement up to $1,000,000. The increased litigation fee is due to the many high expenses that are necessary to take the case to trial. Some examples of these expenses are expert witness costs, accident reconstruction, life care planning, etc.
Consult with a Deerfield Beach Motorcycle Accident Attorney Today
Eltringham Law Group’s competent and aggressive lawyers defend motorcycle accident claimants throughout South Florida, notably Deerfield Beach. We understand how difficult it is to recover from such a traumatic accident. You still also have to face the reality of your losses, the authorities, insurers, and all the monetary repercussions.
We understand how crucial the resolution of your lawsuit is to you and your loved ones. This is why we work to safeguard your interests, ensure that someone does not manipulate and use your comments to the insurance company against you. This could lead to them advocating for compensation that is below what you deserve. Please contact us immediately to tell us about your claim!