Frequently Asked Questions After a Motorcycle Crash
Generally, injury victims have a lot of legal questions that need to be answered after being involved in a motorcycle crash. Here are just some of the most common questions that present themselves after a motorcycle crash.
Do I Have to file a personal injury lawsuit to obtain compensation? The simple answer is no. In fact, the majority of cases are resolved through settlement. After a motorcycle crash, your insurance company will try to pay out as little as possible on your claim. Oftentimes, after some negotiation, a resolution is achieved. However, the party at fault and their insurer often refuse to pay anywhere close to an appropriate settlement amount.
If I don’t feel hurt after a motorcycle crash, do I have to see a medical professional? Both you and your passengers should think consider seeing a medical professional. A doctor may find injuries that are not readily apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It’s not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.
What is a personal injury claim? A personal injury claim is a claim where you were physically injured due to someone else’s carelessness. Essentially, you have two parts to every personal injury claim: personal injury and property damage. If only your car was damaged, you do not have a personal injury claim. Instead, you have a property damage claim. If you happen to have both, then you have a personal injury claim and a property damage claim. These claims are generally addressed separately with an insurance company.
Do I Need an Attorney to Settle My Motorcycle Accident Case? No, you do not need an attorney to settle every claim you may have. Usually small claims involve little to no property damage and the treatment for the injury lasts as little as a few weeks. In these types of cases, the medical bills are usually less than two thousand dollars and the injuries will not be permanent. A skilled attorney can negotiate with your insurance company to make sure your rights are protected. When first contacted by an adjuster for your insurance company make sure to keep your guard up. Insurance adjusters receive extensive training and understand the ins and outs of the personal injury claims process. Individuals who were recently involved in an accident should talk to a personal injury attorney as soon as possible to get some information on what’s to come in the days ahead.
How do you prove negligence in a motorcycle accident case? In order to establish a prima facie case of negligence there must be the following elements: Duty, Breach, Causation, Damages. A Defendant owes a duty to all foreseeable plaintiff’s that may be injured by their conduct. As mentioned above, the standard duty of care is that of an ordinary prudent person under the circumstances. The breach of the duty had to have been the cause of plaintiff’s injury. Next, causation must be shown as the actual cause and the proximate cause of Plaintiff’s physical injuries. Finally, defendants breach of duty must be a substantial factor in causing Plaintiff’s injuries. In determining whether there is causation we look to whether Defendant’s conduct was the cause in fact and the proximate cause of Plaintiff’s injuries.
Speak with a Accident Attorney in Miami Today!
Miami, Florida has a high number of injuries arising from motorcycle crashes. Imagine you were involved in a motorcycle wreck; do you know what information you must obtain from all parties involved in the wreck? Would you know what to do immediately after an accident? The steps you take after a motorcycle accident are crucial. Most people are pretty shaken up when they are in a motorcycle accident. Some may have incurred an injury or there may have been a fatality. While the shock is in full effect after a motorcycle accident, it is all too easy to forget what needs to be done immediately, such as collecting information from the other driver, talking to witnesses, and calling for emergency assistance. Sadly, many accident victims are completely unaware of what is covered under their insurance policy. As such, it is not uncommon to see a person be intimidated by an insurance company after an accident. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
