Florida is popular with motorcyclists, however, it’s also a hotspot for crashes and accidents, all of which come with serious risks. If you’ve experienced a motorcycle accident in Florida, you may find that filing a personal injury claim is the first step to achieving financial recovery.
In the United States motorcycle fatalities increased every year for 11 years after reaching a historic low of 2,116 fatalities in 1997, then increased to over 5,000 around 2008 before increasing to 4000 to 5000 annually. The number of accidents more than doubled from the late 1990s until 2008 and they now make up 15 per cent of all traffic deaths in the US.
Florida remains a high motor cycle accident state for some time and, as with the rest of the US motor cycle accident deaths have become greater and overall they are 26 times more deadly than cars.
Nevertheless, making a claim might not guarantee you full compensation. Read on to learn more about how the process of filing a motorcycle accident claim in Florida works and how a settlement amount will be determined.
How Are Settlement Amounts Determined?
Florida is considered to be a “no-fault state” for all 4-wheeled vehicles since all car and truck drivers are obliged to carry PIP cover. Unfortunately, t4hough, the no-fault laws don’t apply to motorcyclists. As a result, insurance cover will vary between riders and it can be difficult to know whether the damage is actually covered and how payment can be made for the injuries you’ve sustained. If your insurance claim isn’t enough to fully cover damages following an accident, it might be the best idea to file a claim and seek damages via a lawsuit.
It’s possible to reach a settlement at any point once a claim has been filed between the involved parties, and settlements represent one form of resolution valued by a sum of money that has been agreed upon and paid to end the dispute. There are several elements involved in determining the value of your claim settlement. These include:
- Whose fault the accident was
- Your insurance cover
- The extent of damage to your motorcycle
- The extent of your injuries
These factors clearly differ between accidents so you need to bear in mind that the average settlement amount may not precisely reflect the circumstances of your own accident and the extent of damage involved.
Damages That May Be Awarded In Your Accident Claim
A motorcycle accident lawyer in Orlando like Kaufman & Lynd has had wide experience with motorcycle accidents and can advise you about the several types of economic damages that may be awarded in your motorcycle accident claim.
- Past or current medical expenses relating to necessary treatment due to the accident
- Expenses relating to future treatment
- Diminished or lost earnings because of a disability relating to the accident
- Lost wages due to an inability to work
There are also non-economic damages that represent subjective losses such as physical and emotional pain, discomfort, and suffering. It’s harder to calculate those damages, however, they have a monetary value that is based on other similar cases.
Factors Affecting Your Claim
There are a number of factors that could decrease or increase the amount of compensation you receive. These include:
- The severity of your injuries – the more severe your injury, the higher your claim value.
- Whose fault the accident was – if the other party is found to be entirely at fault you can expect a larger settlement figure than if you were negligent too.
- The impact of your loss – providing evidence to demonstrate how the accident has impacted on your livelihood or lifestyle is important to maximize your compensation. The more severe the impact, the larger the settlement may be.
Getting Legal Help
Seeking professional advice from a specialist motorcycle accident attorney is important with the various important personal and legal issues that confront those injured through motor cycle accidents. Even a relatively minor road accident can feel overwhelming, and getting legal help will ensure you can file your claim without any unwanted additional confusion or stress.
Kaufman & Lynd are motorcycle injury specialists based in Orlando Florida with over 40 years’ experience in handling motor cycle injury claims for clients.