Miami Motorcycle Accident Lawyers
Motor vehicle accident law is a mixture of traffic and personal injury law. Following an accident, a police officer will photograph the accident scene, question witnesses, and examine an accident scene to assist him or her in piecing together what occurred. The individuals involved in the accident will then file claims with their car insurance companies, who will go through the police and make a preliminary determination of fault. Depending on the person’s state car insurance laws and who is at fault, the car insurance company might compensate some of the repairing cost or replacing the vehicle. When the damage is serious enough, one individual might think about filing a lawsuit against the other drivers. The plaintiff is the individual who files the suit while the defendant is the individual who replies. Usually, the defendant’s insurance company will cover the cost of defending the suit, in addition to any damages the plaintiff might win. Most lawsuits allege that one driver was negligent. In other words, the driver violated his or her duty to drive cautiously and inside the law, which caused the plaintiff harm. Two types of motor vehicle accidents are car accidents and motorcycle accidents.
In a few ways, motorcycle accidents are like other vehicle accidents. However, due to a few distinctive aspects natural in motorcycles and motorcycle riding, the causes of motorcycle accidents, the injuries leading to motorcycle accidents, and the issues of liability surrounding motorcycle accidents can be extremely distinct from car accidents. In South Florida, there may be a law firm that specializes in motorcycle accidents. In fact, a person can find a highly recommended motorcycle accident lawyer at a law firm either in Miami or another South Florida city, such as West Palm Beach.
Wrongful Death Claims
Wrongful death is a claim brought to civil action against the individual or parties thought to be responsible for the demise of another individual. In many cases, the claim is filed by the blood relative the decedent. For a family to claim wrongful death in a car accident, their motorcycle accident attorney must be able to gather enough evidence indicating the other driver’s negligence or misbehavior. Usual indicators of negligence consist of inferior vehicle maintenance, intoxication, careless driving, and failure to obey the rules of the road.
Injuries Endured from Motorcycle Accidents
Due to a motorcycle accident, the motorcyclist will often have very severe—even fatal—injuries. After such an accident, the person would commonly receive head trauma or traumatic brain injury. Unlike a car, motorcycles are equipped with seat belts and airbags. Brain injuries can forever alter the life and future of the motorcyclist involved in the accident in addition to his or her family members. Personal and professional relationships can be damage because of a traumatic brain injury, and brain trauma victims could not finish even the easiest daily tasks.
Concussions—which are usually less severe than traumatic brain injuries—can nevertheless be fatal. Symptoms of a brain injury can consist of: uncommon exhaustion, loss of memory or other neurological disorders, blurred or double vision, extremity numbness, loss of coordination and trouble walking, nausea, vomiting, and dizziness. Other possible injuries arising from motorcycle accidents include broken bones, spinal cord injuries, neck and back injuries, internal organ injuries, limb amputation, serious road rash, burns, and disfigurement.
Damages A Person Might be Entitled to After His or Her Florida Motorcycle Accident
While each motorcycle accident has a different series of circumstances, an individual might be entitled to at least one of the following:
- Past, present, and future medical costs, connected to the person’s motorcycle accident, as well as doctors, hospital, rehabilitative therapy, and prescription drugs.
- Lost earnings for time the individual could not work because of his or her injuries, and future lost income if he or she could not go back to his or her former job
- Pain and suffering connected to the person’s motorcycle accident
- Emotional ordeal or psychological torment, as well as feelings of fear, anxiety, depression, and grief after the motorcycle accident
- Loss of consortium
- Depending on the accident’s circumstances, punitive damages might be awarded in cases when the defendant was cruelly or intentional negligent.
Statute of Limitations for an Individual’s Motorcycle Accident
There are deadlines in each state concerning the tie a person has in which to file a claim for damages after a personal injury. In the state of Florida, an individual has four years from the date of his or her motorcycle accident to file a personal injury claim, and two years from the date of a loved one’s demise in a motorcycle accident to file a wrongful death claim. It is very crucial that the person files his or her claim in an opportune manner, or the individual could be forever impeded from being reimbursed for his or her damages due to a motorcycle accident in which someone else was at fault.
How a Miami Motorcycle Accident Attorney Can Assist You
For an individual to assist his or her Florida motorcycle lawyer in helping him or her in the best way possible, the person must never sign anything without talking to his or her lawyer first. The individual must keep in mind that insurance companies—no matter how sympathetic they might act—are just interested in their economic outcome. Insurance adjusters are taught to utilize any strategy possible to get a person to settle for less than he or she deserves. Therefore, the individual must always talk to his or her lawyer before signing away crucial rights. The person must not talk about his or her accident or injuries and not post pictures or discussions of his or her accident on Facebook, Twitter, or other social media channels, no matter how sound it might appear. The individual must keep a meticulous record of his or her injuries by jotting down everything relating to his or her accident and injuries and keeping all medical receipts, no matter how minute. Most accident victims keep a journal to assist them in remember information they may otherwise fail to recall—and which can be very crucial to the case. The person must never miss an appointment with his or her doctor for any reason and obey any advice given to him or her by his or her doctor.
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