How Much Is my Motorcycle Case Worth?
If you were injured while riding your motorcycle and another driver was at fault, you should speak with a Miami motorcycle accident lawyer as soon as possible. Whenever another party’s careless, reckless, or intentional misconduct is responsible for your injuries, you have the right to pursue compensation. Through an insurance claim or a personal injury lawsuit, you can seek to prove the other party’s fault and to obtain full and fair compensation for your physical, psychological, and financial injuries.
The amount of compensation your claim warrants will depend on your specific circumstances. It is impossible to gauge the amount of a fair settlement without working with an experienced and knowledgeable attorney. To learn more about what your motorcycle case is worth, contact our bilingual personal injury attorneys at Gerson & Schwartz P.A. through our online form or by calling (877) 475-2905.Pursuing Damages Available in a Motorcycle Accident
When you hire a motorcycle accident lawyer in Miami to handle your case. The first step will be for your attorney to investigate the accident and gather evidence on your behalf. Through a careful analysis of the evidence, your attorney will identify the at-fault and liable parties, which may be the same or different individuals or businesses. Then, your lawyer can pursue an appropriate insurance claim or lawsuit against the liable party.
Your attorney also will work with you, your physicians, and in some cases, experts, to identify your various damages. Damages is a legal term for the injuries and losses you suffer and may be compensated for by the negligent party.
Possible damages after a motorcycle crash include:
- Medical Costs
- Lost Wages
- Physical Pain and Suffering
- Mental Anguish and/or Emotional Distress
- Scarring and Disfigurement
- Reduced Earning Capacity
- Property Damage
- Loss of Consortium
The amount of compensation you can receive for each of these losses depends on your situation. Your medical expenses will be greater if you suffered more serious or catastrophic injuries. Your lost wages will depend on how long you are out of work. Whether or not you are entitled to compensation for your reduced earning capacity depends on whether you suffer from a permanent physical or cognitive disability.
The only way to obtain an accurate calculation of the possible value of your motorcycle claim is to work with an attorney. Our Miami motorcycle accident attorneys at Gerson & Schwartz P.A. carefully add up your economic expenses and losses. Then, based on previous similar cases and other data, we will estimate the possible value of your non-economic losses, such as your pain and suffering. There are various methods available to calculate these, such as a per diem amount or a multiplier of your economic injuries. We will discuss with you the various options and which one we believe is most appropriate for your case.Are Punitive Damages Possible?
In addition to traditional compensatory damages, you may be able to pursue punitive damages. This type of compensation is intended to punish the wrongdoer—not compensate you for any of your injuries. In Florida, punitive damages are not allowed in cases involving ordinary negligence. Under the law, you must be able to prove by clear and convincing evidence that the at-fault driver is guilty of gross negligence or intentional misconduct (Florida Statutes 768.72).
Gross negligence means the other person’s conduct was so reckless or wanting in care that is constitute a conscious disregard or indifference to other people’s life, safety, and rights. Intentional misconduct means the at-fault party had actual knowledge that their conduct was wrong and that there was a high probability that it would lead to injury or damage, and despite knowing that, pursued the conduct anyway.
If you believe the other person’s conduct was reckless, intentional, or malicious, talk with a motorcycle accident attorney in Miami right away.Are You Facing Allegations of Comparative Negligence?
Another factor that could impact the value of your motorcycle claim is whether you were also negligence. It is common for drivers who cause vehicle-motorcycle wrecks to claim that the motorcycle operator was also negligence and contributed to the accident. It can be challenging to face these allegations, but it is not the end of your claim.
Florida follows a pure comparative negligence rule. Under this rule, your own negligence does not bar your claim, but it does affect it. The degree to which you are at fault will reduce your compensation. For example, if a judge finds you were 25 percent responsible, then once your compensation is determined, it will be reduced by 25 percent. Or, if you were found to be 60 percent at fault, you would only receive 40 percent of your compensation.Contact Gerson & Schwartz P.A. Today
If you were injured in a motorcycle accident in Miami or elsewhere in South Florida, do not hesitate to call our bilingual motorcycle accident attorneys at Gerson & Schwartz P.A. We are highly experienced in helping injured motorcycle riders obtain fair compensation after a crash. Depending on your circumstances, we may focus on pursuing an insurance settlement or we may prepare to go to trial. We are not afraid to face major insurers and other parties in court.
Contact us through our online form or by calling (305) 371-6000.