Don’t Settle for Less: Tips for Motorcycle Accident Compensation
Recovering after a motorcycle accident can be a difficult chapter in your life. At this point, you might be considering looking for compensation for your injuries. However, compensation for motorcycle accidents in Florida can be challenging to navigate.
When accidents occur, understanding the compensation process is essential for recovering damages. Fortunately, we know how to help you overcome this difficult time. In this article, we will equip you with the necessary information about compensation.
Quick Summary:
- Compensation for motorcycle accidents covers financial losses. These losses stem from injuries, medical expenses, and property damage. Economic damages are tangible losses like medical bills and lost wages. Meanwhile, noneconomic damages are intangible losses like pain and suffering.
- Several key factors affect compensation, including injury severity, medical expenses, and lost wages. Florida also follows a modified comparative negligence law wherein the injured party can get compensation if they are 50% or less responsible for the incident. Personal Injury Protection (PIP) coverage provides minimum compensation for injured parties regardless of who is at fault.
- Liable parties in motorcycle accidents can include other drivers, manufacturers, and property owners. The statute of limitations for personal injury in Florida is two years, so it is greatly encouraged to file claims as soon as possible.
What Compensation Can I Get From Motorcycle Accidents?
Compensation covers the money victims can claim to reimburse for their losses. These losses can arise from different injuries, medical procedures, and more. Compensation aims to restore the victim to their pre-accident condition financially. Compensation for motorcycle accidents is typically divided into two main categories.
Economic Damages
Economic damages refer to tangible financial losses that can be quantified. These are usually physical, like injuries or broken property. Economic damages usually give back the most compensation. They include:
- Medical Expenses: This covers all costs related to medical treatment after the accident. It includes hospital bills, surgeries, rehabilitation, and ongoing medical care.
- Lost Wages: An injured motorcyclist may be unable to work due to their injuries. They may claim compensation for lost wages during their recovery. That also includes future lost earnings if the injuries impact them long-term.
- Property Damage: This covers the costs of repairing or replacing the motorcycle. It also includes other personal property damaged in the accident.
- Out-of-Pocket Expenses: Victims may also recover costs incurred directly due to the accident. This includes transportation for medical appointments or home care services.
Noneconomic Damages
Noneconomic damages are more subjective compared to economic damages. They cover intangible losses that do not have a direct financial equal. Noneconomic damages can include:
- Pain and Suffering: Refers to the physical pain and discomfort resulting from the injuries sustained in the accident.
- Emotional Distress: Victims may experience anxiety, depression, or other psychological effects. These stem from their injuries and the accident itself.
- Loss of Enjoyment of Life: Injuries may prevent victims from participating in activities they once enjoyed. Due to this, they may seek compensation for this loss.
- Loss of Consortium: Spouses may claim damages for loss of companionship or support.
What Factors Affect the Compensation for Motorcycle Accidents?
Many factors can affect motorcycle accident compensation. Understanding these compensation factors can be important for victims. Compensation can vary based on injuries, property damage, and more. The most common factors include:
Injury Severity and Settlements
Injury severity significantly influences settlement amounts. More severe injuries typically result in higher compensation and increased medical costs. In addition, it will also have a long-term impact on an individual’s life.
A permanent injury, like amputation, can also increase the settlement needed for the case. Injuries that can be healed and recovered from will typically have lower settlement amounts.
Medical Expenses
Medical expenses are a major part of compensation claims after an accident. Victims can face various treatment-related costs. Long-term treatments can arise even when injuries are treated. Additionally, victims should keep detailed records of all medical treatments. Medical expenses can include:
- Emergency Care: Initial treatments post-accident
- Surgeries: Necessary surgical procedures
- Rehabilitation: Costs for physical or occupational therapy
- Ongoing Care: Future medical expenses, including follow-ups
Lost Wages and Future Earnings
Lost wages are important in compensation claims. Victims can seek reimbursement for income lost due to injuries. An individual must first calculate the lost income from their injuries.
Calculating lost income means assessing both lost wages and potential future earnings. Lost wages are calculated by multiplying the daily wage by the number of recovery days.
Future earnings are based on the potential long-term impact of the injuries on earning capacity. Supporting documentation, such as pay stubs and tax returns, is important to substantiate these claims.
Florida’s Comparative Negligence Law
Florida has recently updated its comparative negligence law which impacts how compensation is awarded to accident victims. Under this law, even if an individual is partially at fault for their injuries, they may still get compensation. However, House Bill 837, effective March 2023, has altered the previous system.
The revised law states that an injured party can only seek damages if they are 50% or less responsible for the incident. If they exceed this threshold, they are completely barred from recovering any damages. Before, individuals could still receive compensation even if they were 99% at fault.
This change primarily influences general negligence claims. However, medical malpractice cases remain exceptions. In this case, the original pure comparative negligence standard is still applicable.
Under the new rules, any compensation will be adjusted according to the injured party’s percentage of fault. For instance, a motorcyclist might be 40% at fault in an accident with total damages of $100,000. Their compensation would be reduced to $60,000. This adjustment is particularly advantageous for insurance companies. It can limit their financial liability when claimants are significantly at fault.
Personal Injury Protection (PIP) Coverage
Florida’s no-fault insurance system mandates that all drivers carry Personal Injury Protection (PIP) insurance. This insurance covers medical expenses and lost wages regardless of who is at fault.
This requirement aims to quicken compensation for individuals injured in car accidents. It allows them to receive necessary payments quickly. The no-fault insurance system removes delays associated with determining liability.
Each driver’s PIP coverage provides a minimum of $10,000, paying 80% of medical bills. It also includes 60% of lost income, ensuring victims can access funds promptly. The no-fault approach minimizes the need for lengthy legal disputes over fault.
The PIP coverage speeds up the claims process and helps parties focus on recovery rather than litigation. However, the PIP may not cover all costs. In this case, victims can file additional claims. The at-fault driver may have to pay more for compensation if:
- The injuries sustained go above the coverage limits of PIP.
- The injuries fit Florida’s serious injury threshold, covering permanent or significant scarring.
Who is at Fault in a Motorcycle Accident?
Finding who is at fault involves understanding negligence and identifying liable parties. Negligence refers to the failure to act with reasonable care and leads to harm. To establish negligence, four key elements must be demonstrated:
- Duty of Care: Drivers must operate their vehicles safely. They must adhere to traffic laws and be mindful of all road users. This includes motorcyclists.
- Breach: A breach occurs when a driver fails to meet their duty of care. This can be through distracted driving or speeding.
- Causation: It must be shown that the breach directly caused the accident. For example, running a red light and hitting a motorcycle.
- Damages: The injured party must prove they suffered damages. This includes medical bills and lost wages.
Types of Liable Parties
Liability in motorcycle accidents can involve more than just the other driver. Various parties may share responsibility. It doesn’t have to be people directly at the scene of the incident. These are the liable parties that can be involved in an incident:
- Other Drivers: Common negligent actions can be performed by other drivers. This includes distracted driving, intoxicated driving, and more.
- Manufacturers: An accident can result from defects in the motorcycle or parts. In this case, manufacturers may be liable.
- Property Owners or Government Entities: Liability can apply if hazardous road conditions contribute to the accident. This includes poorly maintained roads or inadequate signage.
Statute of Limitations for Motorcycle Accidents
The statute of limitations for injury claims in Florida has been reduced from four years to two years. As a result, the handling of personal injury cases in Florida is much shorter. That places greater urgency on victims to file their claims promptly.
What Insurance Claims are Applicable?
Insurance claims can be beneficial when recovering damages after a motorcycle accident. However, different insurances cover different kinds of claims. It’s good to know which one can apply to your situation:
- Personal Injury Protection (PIP): Florida has a no-fault system that mandates riders to carry PIP. It can cover expenses regardless of fault if they have it from another vehicle.
- Liability Insurance: This is mandatory for most drivers. It covers bodily injury and property damage caused to others in an accident. However, it does not cover your own injuries or motorcycle damage.
Our Personal Injury Lawyers are Here to Assist You!
Compensation for motorcycle accidents in Florida can be very confusing. Several factors can significantly impact the outcome of your claim. Without sufficient understanding, your claim might become unsuccessful.
Given this, working with an experienced attorney can make a big difference. If you or someone you know is struggling with accident compensation, call us. At Rivera Law Firm, P.A., our personal injury attorneys are ready to help you get your rightful compensation.
Our attorney’s skills can help you through this rough patch and ease your problems. Don’t cut your recovery time short while processing your compensation. Let our personal injury attorneys help you. Call us today!
