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1700 Palm Beach Lakes Blvd., Suite 500West Palm Beach, FL 33401
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West Palm Beach Motorcycle Accident Lawyer
Life after a motorcycle accident in West Palm Beach can be unbearable. Victims often have to deal with so much pain and suffering both physically, emotionally, and even financially. From worrying about expensive medical bills to dealing with defensive insurance companies, no words can describe how stressful it can be to be in such a position.
That's why you need a seasoned attorney by your side — a West Palm Beach motorcycle accident lawyer who understands how to handle such cases and secure fair compensation for your injuries and losses. If that is what you need, fill out this form to get started.
Why Hiring a West Palm Beach Motorcycle Accident Lawyer Is Critical
At Morgan and Morgan, our attorneys have handled all kinds of personal injury cases. Those that involve motorcycle accidents are particularly unique. While hiring a lawyer is critical for anyone intending to maximize their claim, certain characteristics about motorcycle accidents make hiring a lawyer particularly important, as we've outlined below.
Motorcyclists Are Usually Misjudged By Insurance Companies and Society
The sad truth is that motorcyclists often face unfair stereotypes and biases from society and insurance companies. These biases can influence how their accident claims play out. For example, motorcyclists are often perceived as reckless and risk-takers on the road.
So when they get involved in an accident, insurance companies are usually quick to question the validity of such claims. That is one reason why hiring a motorcycle accident lawyer is particularly important.
A skilled attorney can help counter these biases by presenting a strong case based on facts, not assumptions, rumors, or hearsay. The attorney will ensure that your side of the story is heard and that the facts of the case take precedence throughout the claims process.
Insurance Companies May Try To Lowball You
Because most insurance companies assume that motorcyclists are at fault for such accidents by default, they may downplay the severity of your injuries or try to shift blame onto you. Keep in mind that West Palm Beach and Florida, as a whole, follow the pure comparative negligence legal concept.
This means that all the insurance company needs to do to minimize your claim is prove that you were somehow at fault for the accident. If they succeed, the amount of compensation you may be entitled to will be reduced to reflect your percentage of fault.
A skilled motorcycle accident lawyer understands these tactics insurance companies use. As a result, they will protect you from the onset and preserve the value of your claim.
Motorcycle Accidents Often Involve Serious Injuries
Motorcycle accidents frequently result in catastrophic injuries. This is because motorcycle riders are usually more exposed than occupants of enclosed vehicles.
Some of these injuries tend to have long-term consequences, requiring extensive medical treatment and rehabilitation. Knowing how expensive it can be to settle such claims, insurance companies often devise ways to avoid liability or have you settle for less than you deserve. They do this knowing that you cannot reopen the claim once you have accepted the settlement and signed the release.
You can count on a seasoned attorney to accurately assess the true value of your claim. Once they know how much your claim is worth, they will seek maximum compensation from all parties involved.
The Other Driver Might Not Be the Only Party at Fault
In addition to the other driver, poorly maintained roads, inadequate signage, or hazardous road conditions can contribute to motorcycle accidents. If the accident occurred because a government entity was negligent, you may be able to hold them liable. This is especially true if they fail to repair the said road within a reasonable timeframe.
Motorcycle accidents may also occur due to a defect in the motorcycle or its components. Examples of such defects may include:
- Faulty brakes
- Defective tires
- Poorly designed parts, such as the handlebar
- Suspension system failures
- Electrical system malfunctions
If established that someone down the manufacturing or distribution chain was negligent, they may be held liable for your injuries and losses. In such a situation, you will also need a defective product attorney to work closely with the motorcycle accident lawyer to establish the facts about the accident and the said defective components of the motorcycle.
The companies in charge of maintaining and repairing these motorcycles may also be held liable. This is particularly common in cases where someone gets injured while operating a company motorcycle. If the company contracted a third party to ensure that these motorcycles were in good condition, the third party might bear some responsibility for the accident if they were negligent in executing their duties.
Florida has dram shop laws that may hold the establishment that served alcohol to the impaired individual liable under certain circumstances. This law typically applies in situations where the establishment in question continued to serve alcohol to a visibly intoxicated person, who later caused the motorcycle accident.
Damages May Go Beyond Medical Expenses and Lost Wages
Medical expenses and lost wages are the most common damages in these kinds of cases. But what most people do not know is that even though the state follows a no-fault system for car accidents, which requires your own insurance company to compensate you for your economic damages, serious injuries in motorcycle accidents often allow riders to step outside the no-fault system and pursue additional damages from the at-fault party.
Economic damages that may be available in such a case include but are not limited to the following:
- The costs of medical treatment related to your injuries.
- Lost current and future wages (the latter only applies if you suffered serious injuries that prevented you from working and earning a living).
- The cost to repair or replace your motorcycle (and any other property involved in the accident) if seriously damaged.
After stepping out of the no-fault system, some of the non-economic damages a motorcycle accident lawyer can help you recover include:
- Physical pain, suffering, and anguish you or your loved one endured as a result of the accident.
- Emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life, which applies in a situation where your injuries prevent you from engaging in activities or hobbies you used to enjoy.
If the at-fault party's behavior was particularly reckless, the judge or jury may award you punitive damages. But these damages are very rare and are capped at three times the amount of economic damages or $500,000, whichever is higher.
It takes the experience of a motorcycle accident attorney to understand the exact damages you may be entitled to. Once they have that in mind, they will collect the most relevant evidence required to prove your eligibility for compensation.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Morgan & Morgan
What Makes Morgan and Morgan Motorcycle Accident Lawyers Uniquely Qualified To Handle Such Cases?
Our attorneys are uniquely qualified to handle such cases and fight for maximum compensation. Here's why.
We Have More Than 35 Years of Experience
Morgan and Morgan was founded in 1998 in Orlando, Florida. Boasting over 35 years of experience fighting for the rights of the injured throughout the state, you can count on our team of motorcycle accident lawyers to showcase their extensive knowledge and expertise in handling the complexities of your case.
Morgan and Morgan Has the Resources To Build a Strong Case
As the nation's largest injury firm, Morgan and Morgan has access to powerful legal resources needed to strengthen your case. This limits the other party's chances of challenging your claim. It also ensures that our attorneys only settle for what you deserve, not just any kind of compensation to close the case.
We Are Never Afraid To Go to Court
If going to court is what will ultimately make the other party pay what they owe you, Morgan and Morgan lawyers are always ready to face the judge, jury, and the defense team on your behalf. To us, going to court is just part of the process.
Our attorneys have a reputation for being aggressive litigators. In addition, insurance companies all over Florida and the entire country are well aware of our willingness to go to court to fight for our client's rights. This determination and fearlessness send a powerful message to the other party; they either agree to settle the case out of court or risk facing America's largest and most powerful injury firm in court.
Does Florida Have a Statute of Limitations for Motorcycle Accident Lawsuits?
Yes, like every state in the US, Florida has a statute of limitations for motorcycle accident lawsuits, which is generally four years from the date of the accident. Failing to file within this timeframe can result in the dismissal of your case. If that happens, you won't be able to pursue compensation for your injuries and losses.
How Do Motorcycle Accident Attorneys Get Paid?
Most motorcycle accident attorneys use the contingency payment system. Here is what you need to know about it.
- You do not have to pay any upfront fees or retainer; if you win the case, the lawyer will deduct a small percentage of the settlement to cover their fees and other expenses.
- Instead of charging a fixed hourly rate, which can be expensive for the plaintiff seeking compensation for their injuries and losses, the only way the lawyer gets paid using this system is if they win your case and receive compensation.
- The specific percentage the attorney will deduct can vary but is usually around 30% to 40% of the total recovery.
- In this payment agreement, there are no financial risks involved for the plaintiff.
The contingency payment system has many advantages. We've covered more in this article.
What Can I Do To Maximize My Motorcycle Accident Claim?
To maximize your claim, you should prioritize your health. Remember to follow your doctor's instructions; it shows you are committed to your recovery.
Insurance companies will question the severity of your injuries if they find gaps in your treatment process. So if you intend to miss any of your medical appointments, make sure your doctor and attorney know about it in advance.
Secondly, you should maintain a thorough record of all medical bills and expenses incurred as a result of the accident. This is part of the documentation your attorney will need to substantiate your claim.
Speaking of an attorney, hiring one significantly increases your chances of getting favorable results. That's because your attorney will do everything to protect your rights and advocate for your best interests.
Admitting fault or making any statements that may be construed as accepting blame for the accident could jeopardize the entire claim. Remember, Florida is a pure comparative negligence state, and the last thing you want is to share a fault with the other party simply because you were misunderstood when you innocently apologized to the other driver after the accident.
Insurance companies may ask you to sign certain documents or provide recorded statements, claiming it is part of the claims process. That's one of the many tactics they use to trick claimants into jeopardizing their claims. To be safe, consult your attorney for further directions. They will handle everything directly with the insurance provider, protecting you from anything that could potentially jeopardize your claim.
Motorcycle Accident Claims Are Complicated; Get Yourself a Lawyer
Failing to seek legal representation is one of the reasons some accident victims do not recover full damages after such accidents. That's a mistake you cannot afford to make at this point. Your full recovery hugely depends on the quality of medical care you receive. Your mental and emotional being is equally important. If you lost a loved one, you deserve compensation for funeral expenses, the financial gap they left behind, and more.
Tell us about your case by filling out our free case evaluation form. We might be able to help.
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