4 FAQs About Filing a Motorcycle Accident Claim
If you were struck by a reckless driver while riding your motorcycle, you deserve compensation for the associated damages. Just because you might have grounds for a claim, however, doesn’t mean you’re automatically entitled to a payout.
In order to secure funds for the losses you incur, you’re going to have to put together a strong case. If you’re wondering what that might entail, read on:
1. How Can You Prove Liability for a Motorcycle Accident?
The same kinds of evidence that are used to assign blame for car crashes usually apply to motorcycle accidents, as well. Examples include:
- Eyewitness testimony,
- Dash camera footage,
- Official reports,
- Cell phone records,
- Toxicology results,
- Statements from accident reconstruction experts, and
- Black box data.
2. What Kinds of Damages Can You Seek Following a Motorcycle Accident?
Motorcyclists who get hurt through no fault of their own may seek compensation for both the economic and non-economic damages that they incur. Such damages might include:
- Medical expenses,
- The cost of vehicle repairs,
- Lost wages,
- Pain and suffering,
- Loss of enjoyment in life, and
- Mental anguish.
3. How Long Do You Have to Take Your Case to Court?
Most legitimate motorcycle accident claims are settled. On the off chance that yours isn’t, filing a formal lawsuit may be the only way to hold the liable party financially accountable. Should this end up being the case, you’ll have a limited amount of time to go to trial.
In Florida, the typical statute of limitations for personal injury lawsuits is four years. That means most plaintiffs have four years from the date on which they were hurt to commence the proceedings. If you attempt to take action after the deadline has passed, the judge will likely dismiss your case.
It’s important to note that there are a few exceptions to this statute that can shorten or extend the filing window considerably. If a government agency is to blame, for example, you may have a much shorter deadline for going to trial, so you’ll want to seek legal counsel as soon as possible.
4. What Can You Expect from Your Personal Injury Attorney?
While you’re entitled to represent yourself during the personal injury proceedings, it’s wise to enlist legal help. A resourceful lawyer can manage virtually every aspect of the claim on your behalf, so you can focus on more important matters. Your attorney will:
- Investigate the circumstances surrounding the accident,
- Identify all liable parties,
- Gather evidence,
- Handle correspondence with the opposing party,
- Track recoverable damages, and
- Negotiate for a fair payout.
If your claim happens to be one of the few that’s not settled, your lawyer will also help you file a formal lawsuit and then navigate every stage of the subsequent proceedings.
Discuss Your Case with a Motorcycle Accident Attorney in Tampa
For help with your motorcycle accident claim, turn to Capaz Law Firm, P.A. Led by a Tampa AV® Preeminent™ Rated attorney, our firm practices with the highest ethical standards. To set up your free initial consultation with a motorcycle accident lawyer in Tampa, call 813-551-3907 or fill out our Online Contact Form.