If you have been involved in a motorcycle accident, it’s important to understand your rights and when they may be violated, so you don’t become a victim twice. Accidents can be extremely overwhelming with injuries, property damage, insurance companies, and the law involved. In these trying times, it’s important to know that you are not alone and that you can get help. But when do you need a motorcycle accident lawyer?
This article will discuss how having a motorcycle accident lawyer on your side is invaluable in protecting your rights and succeeding with claims against the liable party/s. Furthermore, it will explore why it is essential to get timely legal advice from a motorcycle accident lawyer from the Law Offices of Jared Spingarn in Hollywood, Florida, and how critical it is in mounting a successful actionable defense strategy.
Your Rights After a Motorcycle Accident in Hollywood, Florida
First and foremost, always remember that regardless of who is at fault in a motorcycle accident, there are certain rights that everyone involved has. It’s important to keep these rights in mind and how they can help you get back on your feet after an accident.
Right to Seek Medical Care
If you were injured in a motorcycle accident, you have the legal right to seek medical care and treatment for your injuries. If you don’t have health insurance, or if you can’t afford the cost of medical care, there are resources available that may help cover these costs.
Right to File a Claim
If you were injured due to someone else’s negligence in a motorcycle accident, you have the legal right to pursue a personal injury claim or wrongful death claim against the at-fault party.
Right to be Compensated for Your Losses
If you file a successful claim, you may be entitled to receive compensation for medical bills, lost wages, pain and suffering, and other damages associated with the accident.
The Complexity of Motorcycle Accident Cases
A motorcycle accident case can be very complicated and may involve many nuances that can make or break a claim. Motorcycle accident victims can face a lot of legal issues, such as determining liability, filing claims against the other driver and their insurance company, navigating complex state laws regarding motorcycle accidents, and more.
It would be ideal if insurance companies could prioritize the welfare of the victims, yet unfortunately, this is not always a reality. Regrettably, many insurers take advantage of vulnerable individuals by trying to lowball them or refuse an outright settlement. Additionally, a legal battle can be time-consuming and costly. You also need to consider Florida’s statute of limitations, which states that victims must file a personal injury lawsuit within four years of the date of the accident.
Gathering the necessary evidence to build a strong motorcycle accident claim can be a laborious task. Witnesses, police reports, medical bills, and other related documents must be identified, acquired, and compiled in an organized manner. In some cases, it may also be helpful to consult with experts, such as accident reconstructions, who can review the evidence and provide expert testimony. But with an experienced motorcycle accident lawyer from Jared Spingarn’s firm in Hollywood, Florida, this process can be streamlined and accomplished with ease.
Analyzing the Evidence
Once the evidence has been compiled, your motorcycle accident lawyer can analyze it and build a strong case. Jared’s team of motorcycle accident attorneys have extensive knowledge of state and federal laws governing these cases. This expertise allows them to understand the complexities involved in motorcycle accidents, allowing them to assess what the victim is entitled to receive properly. They will also take the time to speak with witnesses, review medical records, and can even conduct their own investigation if needed.
Who can be held liable after a motorcycle accident?
In the event of a crash, it is critical to identify who may be held accountable. Depending on what happened prior to and during the accident, any one of these entities could potentially bear liability:
- The driver of the motorcycle
- Another party, such as the other driver, pedestrian, or cyclist on the road
- The motorcycle manufacturer or manufacturer of any related parts
- Government entity (responsible for road maintenance, etc.)
- A third party (e.g., a repair shop that failed to fix the brakes on a car or motorcycle)
Motorcycle accident lawyers are experienced in determining liability. In many cases, multiple parties can be liable for an accident. For example, a motorist who was negligently driving may have caused the accident, but if it’s found that the road conditions or faulty maintenance of the motorcycle led to the crash, these parties may be held liable as well.
An experienced motorcycle accident attorney from Jared’s firm in Hollywood, FL, can assess the evidence, determine who is at fault, and fight to ensure that all responsible parties are held accountable.
Traumatic Injuries Require Expert Handling
Motorcycle accidents can often result in severe and traumatic injuries, such as broken bones, spinal cord damage, head trauma, and even death. The process of filing a motorcycle accident claim for damages related to these types of injuries is no simple task.
If motorcycle accident injuries become a disability, the victim may require costly medical treatments and psychological treatment to cope with emotional trauma. If the worst happens, and a loved one is killed in a motorcycle accident, the surviving family members may be eligible to file a wrongful death claim. This type of claim requires an even higher level of expertise than personal injury cases. Jared Spingarn is a knowledgeable attorney who can help navigate these difficult situations by providing legal guidance and advice to those who need it most.
Dealing with the Insurance Company
Once liability is established, and the evidence has been gathered, it’s time to negotiate with insurance companies for a settlement. However, dealing with insurance companies can be difficult and intimidating. Insurance companies, first and foremost, are businesses, which means they’re looking to maximize their profits. Therefore, they are not likely to offer fair compensation to motorcycle accident victims.
How Insurance Companies may Reduce your Claim
Insurance companies may attempt to reduce the value of your claim through various tactics, such as downplaying the severity of your injuries or denying liability. They may also offer a lowball settlement in hopes you’ll accept it instead of filing a lawsuit.
Claims Adjusters and Attorneys
Adjusters and attorneys of insurance companies are trained to spot weaknesses in claims and use them to their advantage. They use tactics such as intimidating claimants into accepting less than what they deserve or improperly trying to collect evidence to support their defense.
In these cases, it’s important to have an experienced motorcycle accident lawyer from Jared’s firm on your side who can stand up to insurance companies. They will have no problem going head-to-head with opposing lawyers, as they are well-equipped to handle any legal challenges that may arise.
In some cases, insurance companies may refuse to settle, and the matter goes to court. Awareness of potential biases against motorcyclists in the jury box is essential. Here are some of the stereotypes that may work against a motorcycle accident victim:
- Motorcyclists are reckless
- They don’t follow traffic rules
- They take unnecessary risks when driving
- They are dangerous on the road
An experienced motorcycle accident attorney will be aware of these biases and can prepare an effective strategy to counter them. Be sure to get in touch with Jared Spingarn in Hollywood, FL, immediately to ensure that you have a personal injury attorney by your side right after a motorcycle crash.
Working Around Insurance Companies
Never let an insurance company bully you into accepting an undervalued settlement. And do not let the prejudice of the juries prevent you from getting the recompense you deserve. You can do this by following the tips below:
- When first getting in touch with your insurance company, it is critical to bear in mind not to disclose any specifics that could potentially reduce the value of your claim.
- Make sure you are adequately informed about the value of your claim before negotiating.
- Do not accept any settlement offers without consulting a motorcycle accident lawyer from Jared’s firm. If the insurance company refuses to negotiate in good faith, your attorney can help you file a lawsuit.
- Do not sign anything without first reading and understanding it.
- Hire Jared Spingarn, an experienced motorcycle accident lawyer who will fight for your rights and ensure that you receive fair compensation for your injuries.
- If possible, try to find witnesses to testify in court on your behalf. This could help prove that the other party was at fault and ultimately maximize the value of your claim.
- Consider hiring an expert witness to testify in court if needed. This includes medical experts who can provide evidence regarding the severity of your injuries and economic experts who can determine the full extent of your damages.
- Gather as much evidence as possible, such as medical records, accident reports, photos of the scene, damage to your vehicle, repair estimates, and any other relevant evidence.
- Stay organized and keep accurate records of all communication with the insurance company.
- Be patient, as the process may take some time before a settlement is reached or a judgment is issued.
By following these tips, you can effectively work around the tactics used by insurance companies to reduce your claim and get a fair settlement for your motorcycle accident injuries. Make sure you are well-prepared and never settle for less than what you deserve.
Recoverable Compensatory Damages
Depending on the severity of your injuries and the circumstances surrounding your accident, you may be entitled to several types of compensatory damages. These include the following:
1. Medical Expenses
This would cover any medical bills associated with your injury, including hospitalization, surgeries, doctor’s visits, prescription medications, physical therapy, and other treatment costs.
2. Lost Wages
If your injuries prevent you from returning to work, you may be able to recover past and future lost wages as part of your claim.
3. Property Damage
Motorcycle accidents often result in destroyed vehicles and severe injuries. If your motorcycle was damaged in the accident, you could receive compensation for the repair or replacement costs.
4. Pain and Suffering
This compensation would cover any emotional distress, anxiety, or trauma you have suffered due to a motorcycle crash.
5. Punitive damages
If the other party’s negligence was particularly egregious, punitive damages might be awarded to punish the at-fault party and serve as a deterrent for future violations of safety regulations.
6. Wrongful death
If a loved one was killed in a motorcycle accident, the surviving family members might be able to pursue legal action for wrongful death. This will depend on the circumstances of the case.
Benefits of Hiring a Motorcycle Accident Lawyer
A motorcycle accident lawyer from Jared Spingarn’s firm in Hollywood, FL, will know the ins and outs of the legal system and can help you navigate the complexities of your case. They will analyze all the evidence to determine who was at fault and what types of damages you are entitled to.
Your motorcycle accident lawyer will aggressively fight for your rights in court for a favorable outcome. They also have access to expert witnesses who can provide valuable testimony regarding the extent of your damages.
Plus, your lawyer will explore all available legal options to ensure that you receive the maximum compensation for your injuries. With the help of experienced personal injury attorneys who are knowledgeable in motorcycle accident law, you can rest assured knowing that you have an advocate on your side who will fight for a fair settlement and get the best possible outcome for your case.
When do you need a motorcycle accident lawyer? Motorcycle accidents can have devastating consequences. If you have been injured in a motorcycle accident, it’s important to understand your rights. You will need a personal injury attorney immediately to protect your rights and maximize the financial gain from your claim. Jared’s team of attorneys has represented many victims of motorcycle accidents and can offer a free consultation to discuss your case.
>> If you’re involved in a motorcycle accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.