Tampa Motorcycle Accident Lawyer
When you’re involved in a devastating motorcycle accident and you aren’t sure where to turn, get help figuring out what your next step should be by contacting a seasoned motorcycle accident attorney in Tampa.
Few accidents can cause injuries as serious as those of a motorcycle accident. Motorcyclists simply don’t have the surrounding protection that other motorists to do in the event of an accident. As such, they are automatically at an increased risk for suffering devastating injuries when involved in an accident.
With injuries this severe, it is not uncommon for individuals to be out of work for an extended period of time. Without the ability to earn an income, many injury victims find themselves struggling to support themselves and their families during this tumultuous time in their lives.
Fortunately, with the assistance of a Tampa motorcycle accident lawyer at Anderson & Anderson, you could be one step closer to financial freedom. Our team of highly trained lawyers will stop at nothing to obtain full compensation for your losses so that you can put this traumatic motorcycle accident behind you and move on with your life.
Common Injuries Associated with Motorcycle Accidents
Since motorcyclists aren’t protected by thousands of pounds of steel, the injuries they endure are often catastrophic. It is more common than you might think for a motorcyclist to be diagnosed with disabling conditions, such as:
- Traumatic brain injuries
- Full-thickness burns
- Spinal cord damage/paralysis
- Post-traumatic stress disorder
In some cases, it can take years before an injured motorcyclist is able to regain full function of their affected limbs, if at all. If you are one of the unlucky ones who has suffered a permanent injury, you need a skilled accident lawyer in your corner who will fight for the compensation you deserve.
Florida Helmet Laws and How They Can Impact Your Motorcycle Accident Case
Motorcyclists over the age of 21 with a minimum of $10,000 medical insurance protection are under no legal obligation to wear a helmet. Those under the age of 21 are required by law to wear a helmet when traveling on or operating a motorcycle.
But just because you aren’t mandated by law to wear a helmet doesn’t mean you won’t be held accountable if you are injured in an accident while not wearing one. Florida’s comparative negligence law allows you to pursue claims against the culpable party, but your award will be reduced based on your own percentage of fault.
Not wearing a helmet gives the defense the opportunity to argue that you had no regard for your own safety. This means that if you were not wearing a helmet when you were injured in the accident, it is possible that your final award will reflect a comparative fault deduction.
Overcoming Motorcyclist Stereotypes When Dealing with the Insurer
Insurance companies want you to trust that they will protect you financially if you are ever in an accident. What they don’t tell you is that this is sometimes just a façade. The insurance company is almost always looking out for their best interests, and many will prioritize their needs above your own.
Keeping this in mind, motorcyclists are particularly prone to unscrupulous tactics by some insurance companies. Insurers can take advantage of bikers by making them appear as though they are reckless, irresponsible motorists who have little care for their own safety or those who share the road with them.
The fact of the matter is that nearly all motorcyclists are just like your average motorist—except they travel on two wheels instead of four. Your motorcycle accident lawyer will never allow the insurance adjuster working on your case to settle your claim for less than you are entitled to. We will handle all of the negotiations on your behalf so you can put all of your energy into your recovery.
How to Achieve Maximum Compensation for Your Losses after a Motorcycle Accident
By now you are probably wondering just how much you can expect to be awarded if your case goes to court. Because every injury victim’s damages vary, there is no set amount that can be awarded in a motorcycle accident case.
However, the more extensive and impactful your injuries were on your life, the more you can expect to win. Below we have gone into further detail about some of the most commonly sought damages in a motorcycle accident claim.
Compensatory Damages for Motorcycle Accidents
Compensatory damages are awarded for ways your life has been negatively impacted by the accident. Economic losses include your financial costs, such as your damaged earning potential, property losses, loss of income, and the total amount of your medical treatment and care.
It is important to know that you should be compensated for every single medical expense that relates to your injuries. These medical costs may consist of:
- Physical and/or occupational therapy
- Ambulance fees
- Cost of MRIs, x-rays, or other diagnostic imaging
- Prescription medications
- Hospital bills
- Other costs of treatment or care
The other ways that your life has been influenced by the injuries you sustained in your motorcycle accident are considered non-economic damages. Some commonly sought non-economic losses include:
- Loss of enjoyment of life
- Mental anguish
- Permanent disfigurement and/or scarring
- Loss of companionship and love
- Loss of support and household services
- Pain and suffering
Punitive Damages for Motorcycle Accidents
Punitive damages are unlike other types of damages in that they can only be awarded by a judge, at their discretion. Punitive damages are designed to make an example of the liable party, as well as to send a message to future wrongdoers that similar actions will not be tolerated by the Florida court system.
The only time punitive damages will be awarded is if the judge finds that the actions of the defendant were egregious in nature or if the at-fault party was intentionally trying to cause you or someone else harm.
Tampa Motorcycle Accident FAQ
Heading into court or negotiating with the insurance company can be a burden when you are still healing, and there is much that needs to be done before we reach that point in the claim process.
For these reasons, below we have answered some frequently asked questions regarding motorcycle accidents to help you understand what’s to come. Additional questions can be addressed in your complimentary claim review.
What happens if I miss the deadline to file my accident claim in Tampa?
Any attempt to file a motorcycle accident claim after the statute of limitations has expired will result in a dismissal of your case, as the courts are obligated to refuse to hear cases after this deadline has passed.
With this information in mind, you need to act quickly after your motorcycle accident, as the statute of limitations will begin running from the date of the accident and continue for only four years. That may seem like plenty of time to file your claim, but you would be surprised how quickly this time limit can pass.
Can I be compensated without going to court in Tampa?
Yes, it is possible to settle a claim outside of court. If the insurer will provide you with a reasonable settlement offer, then court may not be necessary unless your damages exceed the limits of the at-fault party’s insurance. Then, we may have to go to court in order to secure full reimbursement for your suffering despite your insurance settlement being paid out.
How do we know whose fault the motorcycle accident was?
Your lawyer’s investigation into the cause of the accident will ultimately determine who should pay for your losses. In many motorcycle accidents, another motorist will be found liable due to distracted, drowsy, inebriated, or aggressive driving, though there have been numerous cases where the Florida Department of Transportation (FDOT), Florida Department of Highway Safety and Motor Vehicles (DHSMV), or automakers’ negligence have caused serious motorcycle accidents.
Get Help from a Motorcycle Accident Attorney in Tampa
When you are trying to recuperate from your injuries, you shouldn’t have to concern yourself with insurer negotiations and personal injury laws. A regarded Tampa motorcycle accident lawyer at Anderson & Anderson can make all the difference in the success of your motorcycle accident case.
We’ll work around the clock building your case so that the judge, jury, and/or insurers have little choice but to award you the compensation that is rightfully yours.
We are proud to offer injury victims in the Tampa area a free consultation where we can potentially get started on your case. Take advantage of this opportunity by completing the brief contact form below or calling our office directly at 813-251-0072.