Compensation in a Florida Motorcycle Accident Claim
Compensation for injuries suffered in a motorcycle accident generally falls into two categories: economic damages and non-economic damages.
What are Economic Damages?
Economic damages compensate an accident victim for expenses and economic losses they incur as a result of their injuries.
Economic damages typically include:
- Medical expenses – Medical expenses can include:
- Hospital stays
- Surgery
- Doctor visits
- Physical therapy
- Occupational therapy
- Speech therapy
- Prescription medication
- Medical equipment
- Braces
- Crutches
- Wheelchairs
- Lost income – Lost income compensation can include income you lose when you miss work due to injuries. If your injuries prevent you from returning to your old job or pre-accident level of work, you may also receive compensation. They will pay you for the difference between your pre-accident and post-accident income.
What are Non-Economic Damages?
Non-economic damages are meant to make up for the pain and suffering a victim feels because of their injuries, both physically and emotionally or mentally. Unlike economic damages, non-economic damages are difficult to calculate by referencing bills or invoices.
Examples of non-economic damages include:
- Pain and suffering – This includes the emotional distress you feel if your injuries prevent you from carrying out daily tasks or activities you enjoy. It also includes the physical and mental suffering brought on by your injuries.
- Loss of companionship – Compensates your spouse and family member(s) for the loss of your companionship, society, and services lost as a result of your injuries.
You may also be entitled to claim compensation for property damage you suffer from. In other words, you may receive money for property damage that happened because of your motorcycle accident. This could include the cost to fix or replace your bike and any other damaged items, like your clothes or helmet.
If the motorcyclist dies, close relatives may be able to pursue a wrongful death claim. This is meant to make up for what the deceased victim’s family and estate loses when they died.
What to Do After a Motorcycle Collision in Florida
If you are get into a motorcycle accident in Florida, there are certain steps you should take in the minutes, hours, and days after your accident. This will protect your rights and put you in the best position to claim compensation.
When you are in a motorcycle accident, you should:
- First, check that everyone in the accident is OK or see if they need immediate medical attention.
- Call 911 to request police and, if necessary, emergency medical services.
- Seek medical attention, even if you do not believe at first that anyone has injuries. An accident injury can take days, weeks, or more to show symptoms, but prompt medical attention can improve your prognosis.
- Collect the information – especially insurance information – of all the motorists involved in the accident.
- Record the contact information for any eyewitnesses to the accident.
- Photograph the accident scene, preferably before any vehicles move, recording the positions of vehicles, damage to vehicles, skid marks, and traffic controls at the scene.
- Avoid making statements or admissions of fault to police or insurance representatives. Don’t make statements like “I didn’t see the other vehicle” or “I was probably going too fast” or apologize for the accident.
- Write down a precise recollection of the accident after the excitement and stress of the accident calms down, and you’ve had a chance to clear your mind.
- Contact a Florida motorcycle accident lawyer as soon as possible. Once you have legal representation, you don’t need to speak with anyone yourself. You can request that other parties such as the police or insurance representatives contact your motorcycle attorney instead of contacting you directly.
Tips for Dealing with Insurance Companies After a Motorcycle Crash
Remember that insurance companies are looking to minimize the amount of money they must pay out for the motorcycle accident. Despite what they may say, insurance companies are not looking out for you.
To protect your interests, you should get a motorcycle accident injury lawyer in Florida as quickly as possible after your crash. Then, the insurance company must deal with your motorcycle attorney instead of you.
If you must deal with an insurance company after a motorcycle crash, some tips to keep in mind include:
- You don’t have to talk to the insurance company.
The insurance adjuster may try to get you to make statements about the accident. They will use these later to argue that you bear some responsibility for the accident. Although an adjuster may claim that they need a statement from you to process a claim, you are under no obligation to speak with the insurance company. If you are represented by a motorcycle accident law firm, you can request that the insurance company direct any communications to your motorcycle lawyer instead.
- Do not sign anything until your motorcycle accident injury attorney reviews it. Some insurance companies may pressure you to sign documents, claiming that they need your signature to begin processing your claim. However, those documents may contain provisions in which you agree to waive important rights.
- Do not accept the first settlement offer.
Insurance companies are looking to minimize the amount of money they must pay out. The first settlement offer an insurance company makes is rarely the best offer you can get from them. Don’t accept them, even if you are experiencing financial strain due to medical bills and lost work.
The best way to deal with insurance companies after a motorcycle crash is to obtain legal representation. A lawyer specializing in motorcycle accidents can advise you as to whether the offer an insurance company makes is a fair one.
Common Causes of Motorcycle Accidents in Florida
No one likes to think about motorcycle accidents, but it’s important to be aware of the leading causes of these crashes. By understanding the root causes, you can take steps to avoid being apart of an accident.
Some of the more common causes of motorcycle accidents include:
- Vehicles making unsafe left turns in front of an oncoming motorcycle
- Drivers failing to signal lane changes or check blind spots
- Other motorists not sharing the road with bikers
- Speeding
- Alcohol and drug use
- Distracted driving
- Following too closely
There are many dangers that riders face on a daily basis. Motorcyclists and other nearby drivers can lose control of their vehicles because of road construction, mechanical failures, or severe weather conditions.
In addition, defects may cause motorcycle accidents.
These defects include:
- The motorcycle itself
- Other vehicles on the road
- Road conditions
All too frequently, drivers do not see a motorcycle until it’s too late.
Regardless of what caused the accident, the motorcyclist has a huge disadvantage. Without a seatbelt or vehicle walls between them and the road, a biker has very little to protect their body.
According to the NHTSA, accidents involving a motorcycle are 29 times more likely to result in death. If you are lucky to live, you may be left with severe injuries.
If you’ve been hurt in a motorcycle accident, look to Brooks for help today.
