If you’ve been injured in a motorcycle accident, it may feel like your whole life just changed. In addition to the injuries and the damage to your bike, you’re probably going to miss a decent amount of work while you recover. Not many people can afford to pay for a substantial medical debt while they’re not receiving a paycheck.
That’s why it’s essential that you not only contact a motorcycle lawyer, but the right motorcycle attorney for you. The personal injury lawyers at Long, Jean & Wechsler, P.A. have extensive motorcycle accident experience. Because our law firm works on a contingency basis, our clients do not pay out of pocket for representation. We have an extensive track record of helping clients receive substantial settlements from insurers and at-fault parties. Call today for a free consultation.
Assessing Your Needs After a Motorcycle Accident
Motorcycle accident cases are complex. Many riders carry minimal or no insurance, and they often don’t know whether or not they were at fault or partially at fault. Involving a motorcycle accident lawyer as early as possible can help you answer these questions.
Under Florida’s comparative negligence law, you can recover damages even if you were partially at fault for your injuries. The courts will compare the negligence of the two parties and determine what percentage of fault should be attributed to each driver.
It’s important to hire a motorcycle accident lawyer prior to accepting an insurance settlement. If you wait until after you accept payment and sign a waiver, you won’t be able to pursue further damages.
Qualities to Look For in a Motorcycle Accident Lawyer
Because the body of law is so vast, the legal industry is full of lawyers who specialize in specific types of law. Motorcycle accident law is a subset of personal injury law, which deals with civil torts (as opposed to criminal acts). If you’ve been in a motorcycle accident, you will want to hire a lawyer or law firm that is familiar with this specific type of law. Here are some questions you should ask when screening motorcycle accident lawyers:
- How many traffic accident cases have you settled?
- How many motorcycle crash victims have you represented?
- Do you work on a contingency basis? (This is an industry standard, but you should still ask).
- Do you have a contingency fee schedule? (The Florida Bar provides contingency fee guidelines for contingency fees. Make sure the firm’s fees fall within those guidelines.
- How will you represent me in my pursuit of damages?
- What is your turnaround time for returning phone calls?
- Do you have client testimonials from cases you’ve successfully handled?
Ultimately, you’re seeking an attorney with extensive experience in crash and motorcycle crash cases who can explain to you in simple terms how your case will proceed. They should also be responsive to your requests for information. Never pay an initial consultation fee for a motorcycle crash case. Most reputable firms do not require any out-of-pocket payment.
What is a Client-Centered Approach
As a motorcycle crash victim, you’re going to have a great deal of needs. No one really plans to be involved in a crash. You may have to schedule follow-up appointments with doctors and specialists, speak to your boss about taking time off, get your motorcycle fixed, and more. In addition, the insurance company may have already sent an adjuster who is pressuring you to accept a settlement. Here are some of the ways client-centered law firms, like LJW, can help:
Gather Documentation
In order to build your case, your attorney will require the police report, medical records, the names and contact information of witnesses, and more. Depending on the type of case, your attorney may even need to subpoena information like phone records and medical information from the other party.
File an Insurance Claim
If you haven’t filed a claim with the insurance company, your personal injury lawyer can file on your behalf. From that point on, your attorney becomes the point of contact for the adjuster. This allows your attorney to negotiate directly with the insurance company’s representatives and respond to their requests for information.
Depose Witnesses
Eye-witness testimony can be invaluable in motorcycle accident cases. An attorney can contact witnesses on your behalf and schedule them for depositions, which are formal sworn statements that become part of the body of evidence for the crash case.
Issue Letters of Protection
The motorcycle accident lawyers at Long, Jean & Wechsler, P.A. maintain excellent relations with doctors and medical specialists in Broward County. In many injury cases, the victim is not able to pay out-of-pocket for the care that they need.
Our attorneys can issue letters of protection (LOP) to your doctors and specialists. These letters act as guarantees that the medical bills will be paid from the proceeds of the claim prior to other disbursements. That way, you don’t have to wait until the claim is settled to receive the healthcare you need to make a full and fair recovery.
Settlement and Litigation
Your attorney will negotiate with the insurance company as long as there is a likelihood of reaching a full and fair settlement. If that doesn’t appear to be possible, they will litigate the case through the courts.
Depending on the type of injuries and the damages involved, motorcycle accident cases can stretch out for months or even years. It’s important to have a law firm that understands the needs of the victim. Due to our extensive experience dealing with accident victims, we recognize how important it is to have an open channel of communication with your attorney.
We are responsive and clear. When you talk to a member of our team, they will make sure that you understand the information they’re providing you. That’s why our client-attorney relationships last far beyond the end of the case.
Your Initial Consultation
How you prepare for your initial consultation with a motorcycle accident attorney depends on a few factors. Have you already received a settlement offer from the insurance company? Are you able to get around, or are you incapacitated? Have you already begun to gather documents?
What You Should Bring to Your Consultation
If you’re on the scene of the accident or in the hospital, you don’t need to worry about documentation. Just call.
However, if you have started to recover and are interviewing attorneys, here are some of the items that we would find helpful:
- A copy of the police report
- Any medical paperwork resulting from the accident
- Your motorcycle registration and insurance card
- Any images or videos you have from the accident (you can save them in an email that you can forward)
- Names and contact information of witnesses
- The name of any insurance representative who has contacted you.
- The settlement offer if you’ve received one. It’s important to note that if you’ve accepted the settlement, you will not be able to pursue further damages. Contact us before accepting a settlement.
- Any notes you have regarding the accident
Whether you come to our office or we meet you at the hospital or in your home, your attorney will explain to you in clear terms how the accident claims work once an attorney is involved. While you may have questions for us at the time, more than likely, you will think of some additional ones after we leave. This is fine. We are extremely responsive. If you’re meeting with more than one firm, keep in mind that your comfort level with your attorney will be important as the case goes forward. If you feel like you’re being rushed or are otherwise made to feel uncomfortable, it’s a bad sign. Give LJW a call. We have excellent relationships with our clients.
Case Assessment and Strategy
In order to have a valid claim, it must meet certain criteria. During your initial consultation, our questions will help us determine whether or not you have a case. If the answer to the following four questions is yes, we can represent you.
1. Did the Defendant Have a Duty of Care?
All drivers operating vehicles on the Florida roadways have a duty of care to one another. Road crews also have a duty of care to warn the public about the usability of the road they’re working on.
2. Did the Defendant Breach Their Duty of Care?
This element considers whether or not the defendant did anything wrong. Examples of breaches of duty of care in motorcycle accidents include changing lanes without properly checking for clearance, running a stop sign, or following too closely.
3. Did the Defendant’s Breach of Duty Cause or Contribute to the Accident?
Just because a driver fails in their duty of care does not mean that they are at fault in the accident. Your attorney must establish that the breach of duty caused the accident, contributed to the accident, or increased the amount of damages.
4. Are There Damages?
In order for an accident to be actionable, there must be damages. These can include financial costs (economic damages) and pain and suffering (non-economic damages).
Once your attorney determines that the case is viable, they can start to develop a case strategy. Factors that can affect the case strategy include the number of parties involved in the accident, the degree of negligence of the defendant, the amount of supporting evidence, and the amount of damages involved. No two cases are alike, which is why you need to be sure that you have a motorcycle accident lawyer who has handled multiple cases.
Types of Damages in Motorcycle Accident Cases
There are three types of damages in personal injury cases. Compensable damages include economic damages and non-economic damages (pain and suffering). Most cases involve economic and non-economic damages. There are no caps on compensable damages in the state of Florida.
The third type of damages is much less common in motorcycle accident claims. Punitive damages are designed to punish the defendant for aggressive, intentional, or reckless behavior. The state of Florida caps punitive damages at either $500,000 or three times the amount of compensatory damages, whichever is higher.
Insurance adjusters are notorious for understating damages when dealing with claimants. An experienced attorney can calculate your damages for you prior to presenting a demand letter for your claim.
The Importance of Reviews and Testimonials
Personal injury attorneys have the privilege of helping people when they’re at their worst. In many cases, we are able to recover hundreds of thousands of dollars or more on behalf of our clients. Clients are usually extremely appreciative at the conclusion of a successful case, which is why they write reviews for their law firms. It’s unusual to see a personal injury law firm without a few reviews. These reviews and testimonials can be helpful when trying to choose between two or more firms. Take a few minutes to peruse them prior to meeting with a firm.
Motorcycle Accident Attorney FAQ
These are some of the most common questions that we hear from clients who are still trying to decide on a motorcycle accident attorney. To speak to a member of our legal team directly, call our Pompano Beach personal injury law office.
How Can You Represent Me Without Charging Me?
Because we screen clients during our initial consultation, we have a good idea of the monetary value of your case. We earn our fees at the end of the case. You will not have to pay out of pocket for legal services. That is a guarantee.
How Long Do I Have to File a Motorcycle Accident Claim?
In most cases, you have four years from the date of the accident. In wrongful death cases, the clock starts two years from the date of death. While this may seem like a long time, it benefits you to move quickly. Evidence can be lost over time, witnesses move away, and case preparation takes time.
Tenacious Representation in Pompano Beach, FL
If you’ve been injured in a motorcycle accident, you need the right attorney to pursue full compensation. In Pompano Beach, FL, that starts with a call to Long, Jean & Wechsler, P.A. Call today for your free, no-obligation consultation.
