Riding a motorcycle can be fun until you get involved in a crash. It often leads to life-threatening injuries and hefty medical bills. Therefore, filing a personal injury claim is the first step toward financial recovery if you have been involved in a motorcycle accident.
One of the first questions you might be asking yourself is the average motorcycle accident settlements in Miami, Florida. There is no simple answer, and the compensation amount will vary because motorcycle accidents cover a wide range of severity and circumstances. Calculating a fair settlement value also covers more than just hospital bills.
Read on to learn more about motorcycle accidents in Miami.
How are Motorcycle Accident Settlements Calculated in Miami?
How the motorcycle accident will affect your life and the type of injuries you sustain will dictate the value of the settlement. You are also entitled to get a more substantial reward if the sustained injuries need long-term care and affect your ability to work in the future.
However, the settlement amount might be significantly smaller if you were able to resume work quickly and sustained minor injuries. At Miami Auto Accident Attorneys, we help you calculate the value of your motorcycle accident claim based on the following damages:
- Medical treatment and care costs
- Lost benefits and wages
- Pain and suffering
- Bike repair costs
- Emotional damage
Apart from the above actual damages, the level of negligence on the at-fault party will also affect the settlement amount. For instance, the jury may offer you compensation for punitive damages when the case involves gross negligence. Doing this helps send a stronger message, thus ensuring road users are more careful.
The amount you receive will also depend on whether the case goes to trial or you settle it out of court. Often, motorcycle accident settlement amount in Miami is decided through negotiations between the opposing party and the victim’s attorney. A fair settlement is reached when the amount can cover all hardships involved – including those that you may face in the future as a result of the accident.
What Factors Determine Motorcycle Injury Settlements Amount in Miami?
As stated earlier, every motorcycle accident is different from the next. Even two similar accidents with the same injuries could lead to different outcomes. Below are the top factors that will affect how much money you will get if you have been a victim of a motorcycle accident:
Personal injury damages such as lost wages and medical bills are easy to predict. They are considered a ‘concrete’ cost because you can easily demonstrate what you have paid or lost and will continue to lose or pay. Your attorney will have the proper documentation to ensure you get a fair settlement for lost wages and medical bills.
However, subjective damages such as emotional damage can be difficult to value. Therefore, these damages are estimated based on the following:
- The extent and nature of the injuries
- The type and amount of medical treatment you received
- The possibility of long-term effects as a direct result of the accident
- The impact of the injuries on your life
Available Insurance Coverage
Insurance coverage can be a limiting factor in some motorcycle accident claims. For instance, let’s say the at-fault party has insurance coverage of $1,000,000. This will be the maximum amount of money you can expect as compensation.
Although it is possible to receive more than the insurance policy limit of the at-fault driver, you can only collect what the defendant’s assets and insurance can cover.
Percentage of Fault
You need to provide proof of fault to recover financial compensation after a motorcycle accident. You are entitled to receive maximum compensation for all losses related to the accident if another party is 100% at fault. However, you may get a lower amount if you are partly at fault for the accident.
Florida follows the pure comparative negligence legal rule meaning you can recover damages even if you were partly at fault. Insurance companies use police reports and submitted evidence to assign fault, thus making it necessary to hire an experienced attorney.
Proving negligence will validate your case and show that the other driver caused the accident. Most of the time, a witness’s unbiased testimony can help clarify who was at fault for the accident. An experienced attorney will help you determine the percentage of fault and prove your claim.
What to Do After a Motorcycle Accident in Florida
It is imperative that you get the justice you deserve after a motorcycle accident in Miami, Florida. Below are the steps you need to follow after the accident to help increase your chances of getting fair compensation:
Unless you are already in the back of an ambulance or incapacitated, ensure you call 911 immediately. Explain the incident to the dispatcher and ask for the level of assistance you need. The police officers will gather information from all involved parties, including witnesses.
Having pictures and videos of the accident scene will help strengthen your claim. You should also collect the other driver’s information to make it easier for your attorney to investigate the case. Ensure you gather all these pieces of information regardless of who you think is at fault.
Avoid Small Talk
Most motorcycle accident victims make the mistake of sharing too much with people at the scene of the incident. You need to avoid talking about the conduct of other drivers or your actions with anyone apart from your attorney. It is quite easy to accidentally reveal key information about the extent of injuries and fault.
Seek Medical Attention
A motorcycle accident often causes severe injuries that need immediate medical attention. However, adrenaline often masks the extent of the injuries, and riders often decline emergency transportation. You must seek proper medical attention after the accident and start treatment.
Hire a Motorcycle Accident Attorney Today
You need the help of an experienced personal injury lawyer to get the compensation you deserve after a motorcycle accident in Miami, Florida. At Miami Auto Accident Attorneys, we will review your case, explain the damages you can claim, and navigate the process on your behalf.
When Should I Hire a Motorcycle Accident Attorney?
You need to seek legal advice from a motorcycle accident attorney immediately after an accident. Doing this will ensure you get fair compensation for damages.
How Long Does a Motorcycle Accident Claim Take in Florida?
The duration it takes to get compensation after a motorcycle accident will vary depending on several factors. These include the severity of injuries, insurance coverage, and current medical needs.
Who is Liable in a Motorcycle Accident Lawsuit?
Various parties can be found liable for a motorcycle accident, including another rider, municipalities, and a motorcycle manufacturer.