How Much Is My Motorcycle Accident Claim Worth?

The value of your motorcycle accident claim depends on several factors, including the severity of your injuries and how they affect your life. You can expect more substantial compensation if you cannot work or need long-term care.

To learn more about your legal options for financial recovery after a motorcycle accident, contact Zervos & Calta, PLLC for a free initial case evaluation. Let our firm fight for the compensation you deserve for your injuries and losses.

What Factors Can Affect the Settlement Amount of My Motorcycle Accident Claim?

Some of the factors that will affect how much compensation you might receive in settlement of your motorcycle accident claim include:

• The severity of your injuries
• The duration of your medical care, treatment, and rehabilitation (physical therapy, etc)
• The severity and duration of physical disabilities that result from your injuries
• Whether you miss time from work due to the accident
• The number of other people injured in the accident
• The number of at-fault parties
• Whether you share any responsibility for causing the accident
• The policy limits of any applicable insurance coverage
• The strength of the evidence supporting your case

Your lawyer’s skill also affects your settlement recovery. Working with an experienced motorcycle accident attorney is essential to securing the compensation you deserve.

Will My Settlement Be Affected If I Am Partly At Fault for the Motorcycle Accident?

Florida uses the pure comparative negligence rule in accident cases. This means your financial recovery in a motorcycle accident settlement may decrease if you share fault for the crash. However, it also means you could potentially recover compensation as long as you are not solely to blame for the accident.

Under the pure comparative negligence rule, you can file a motorcycle accident claim even if you bear 99 percent of the responsibility for the crash. However, the rule reduces your right to financial recovery in proportion to your share of fault. For example, if you could recover $100,000 for a motorcycle accident you were 25 percent at fault for, the court would reduce your award by $25,000.

Insurance adjusters also often follow this rule, as they make their decisions based on what they think would happen in court. As a result, settlement negotiations in your motorcycle accident case may consider the fact that you bear some fault for the crash.

Is Florida a No-Fault Insurance State?

Although Florida follows a no-fault insurance regime – also known as personal injury protection coverage (PIP) – it does so specifically for four-wheeled vehicles. Because of this, motorcycle policies in the state do not need to have PIP coverage.

The state’s no-fault laws do not apply to motorcycle riders injured in accidents. A rider may pursue legal action against the driver who hit them rather than having to turn to their own PIP insurance for relief.

What Are Common Causes of Motorcycle Accidents in Florida?

Many motorcycle accidents in Florida occur due to the negligence of other drivers. Some of the most common causes of these accidents include:

• Speeding
• Tailgating
• Passing a motorcycle in the same lane
• Failing to use turn signals or check mirrors
• Backing out of a parking spot or driveway without looking behind
• Disregarding traffic controls
• Not yielding the right of way
• Reckless driving, such as racing, excessive speeding, or weaving between traffic lanes
• Drowsy driving
• Driving while intoxicated
• Distracted driving, especially cell phone use while driving
• Opening a door on a street-parked vehicle in front of an oncoming motorcycle
• Driver inexperience
• Inadequate car maintenance
• Vehicle defects

What Are Some Injuries That Occur from Motorcycle Accidents?

Because motorcycle riders often have no protection from a crash other than a helmet, accidents tend to cause serious injuries such as:

• Lacerations
• Road rash
• Degloving injuries
• Burns
• Crush injuries
• Broken bones
• Sprains, strains, and tears
• Nerve damage
• Whiplash injury
• Herniated spinal disc injury
• Spinal cord injuries and paralysis
• Internal organ injuries or internal bleeding
• Facial injuries or eye damage
• Traumatic brain injuries (TBIs)
• Traumatic amputation or dismemberment
• Limb damage and subsequent amputation

What Are the Different Types of Damages I Can Claim in a Motorcycle Injury Lawsuit?

The types of compensation you can pursue in a motorcycle accident lawsuit include:

• Medical and rehabilitation costs, including hospitalization, surgery, prescriptions, medical, mobility equipment, doctor’s appointments, and physical or occupational therapy
• Long-term care costs, including home health services, housekeeping and home maintenance services, installation of disability accommodation, and wheelchairs or other assistive devices
• Lost earnings from missed work or going part-time or light duty while recovering from accident injuries
• Lost future income and job benefits if you become permanently disabled from work
• Pain and suffering
• Lost enjoyment and quality of life after suffering permanent disabilities or visible scarring or disfigurement
• Costs of repairs to your motorcycle or reimbursement of your bike’s value if destroyed in the accident

Under Florida law, you may also seek punitive damages in a motorcycle accident lawsuit if you can prove that the other driver acted with intentional misconduct or gross negligence. Punitive damages do not compensate you for losses but punish the at-fault driver for their behavior and deter others from similar behavior.

What Is Florida’s Statute of Limitations for a Personal Injury Claim?

Florida recently amended its statute of limitations on personal injury claims, bringing the deadline from four years from the date of injury to just two. The court may dismiss your lawsuit if you file suit after the statute of limitations has expired in your case. In certain circumstances, you may have more or less time to begin your motorcycle accident claim. You should talk to a Florida motorcycle accident lawyer as soon as possible to ensure you file your claims on time.

Contact a Florida Motorcycle Accident Lawyer

Were you hurt in a motorcycle crash that someone else caused? Then don’t leave money lying on the table. Work with Zervos & Calta, PLLC, and demand the full compensation you deserve. Contact us today for a free, no-obligation consultation with our Florida motorcycle accident lawyer.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.