Call Now for Help: Motorcycle Accident Lawyer – Hollywood, FL, On Your Side After an Accident
954-915-7405 ~Hablamos Español~
If you or a loved one has suffered serious injuries following a motorcycle accident, the Hollywood, FL motorcycle accident attorneys at Klotzman Law Firm can help. Our team is dedicated to helping personal injury victims seek justice and fair compensation for their damages.
What we offer:
- Your Most Trusted Motorcycle Accident Lawyer Hollywood, FL
- We’ve recovered millions for similar car accident victims like you
- 24/7 Availability | Free Consultations | No Fee If We Don’t Win
Our Hollywood motorcycle accident and personal injury lawyers will help you navigate the legal procedures after a motorcycle accident, to ensure that you ultimately get the compensation you deserve.
Call our office today at 954-915-7405 to schedule a free consultation with a top motorcycle accident attorney in Hollywood, FL.
Seeking Compensation with a Motorcycle Accident Lawyer in Hollywood, FL
In Florida, motorcycle accidents can escalate into intricate personal injury claims. Victims may face biases from insurance companies, law enforcement, and within the justice system, complicating their quest for fair compensation.
A skilled motorcycle accident attorney in Hollywood is crucial for navigating these challenges. They bring expertise and resources to manage your case, focusing on:
- Evidence Gathering: Accumulating proof of liability, including witness statements, accident scene reports, and medical records.
- Medical Evaluation: Ensuring comprehensive treatment and loss assessment by trusted medical professionals.
- Financial Assessment: Consulting with experts to evaluate current and future losses.
- Negotiations: Effectively communicating with insurance companies and opposing legal teams.
- Trial Preparation: Readying your case for court to secure a favorable outcome.
Your motorcycle accident lawyer also plays a vital role in countering biases against motorcyclists, a key factor in winning your motorcycle accident claim. Understanding Florida’s complex legal landscape is essential. Our motorcycle accident attorneys are adept at advocating for your rights, leveling the playing field against well-represented insurance firms.
What are the Most Common Injuries Seen in Motorcycle Accidents?
Unfortunately, motorcycles don’t have the same kind of protection for the rider that a car does for the occupants. In most cases, the rider’s body receives the full force of the impact. The result could be life-threatening and catastrophic injuries. Some of the common motorcycle injuries include:
- Road rash and lacerations
- Broken bones and fractures
- Hand, knee, elbow, and ankle injuries
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Neck and back injuries
- Chest injuries
- Internal organ damage
- Crushing injuries
Immediate medical attention is often necessary to save the life of the rider or prevent the injuries from getting worse. If you’re unable to go to the emergency room following an accident, you should see your doctor as soon as possible. Failure to seek medical attention or delaying too much may give the defendant and their insurer a reason to undervalue or deny your claim.
How is Fault Determined in a Hollywood, FL Motorcycle Accident?
Motorcyclists in Florida are expected to follow the same traffic laws as other motorists. As such, when a motorcycle rider gets into an accident, their duty of care is handled as any other negligence case. If the accident is found to have been caused by someone else’s carelessness or negligence, the victim must be able to prove the four elements of negligence as outlined below.
The defendant owed them a duty of care.
Drivers are expected to behave in a way that is reasonably safe for other road users. In these kinds of cases, conduct is usually compared to that of a reasonable person. This means that an intoxicated driver should not get behind the wheel and a driver talking on their phone should pull their car over.
The defendant breached their duty of care.
You have to show that the defendant breached their duty of care towards you by not taking reasonable care while driving. Any driver that breaks traffic rules or engages in any behavior that endangers other road users, such as distracted driving, DUI/DWI, or careless driving is considered to be in breach of this duty of care.
This breach directly resulted in injuries and damages being claimed.
You must also be able to prove that the other driver’s negligent or reckless actions directly led to your injuries and damages. This might require the use of compelling evidence and expert witnesses to show that your specific injuries were a direct result of the driver’s actions.
You suffered damages and injuries compensable under Florida law.
This is probably the easiest element to prove. Your motorcycle accident lawyer will calculate and document the total damages and expected costs of the injuries suffered in the crash to ensure that all damages are accounted for in full.
Comparative Negligence in Florida
Florida is a comparative negligence state, which means that the blame for the accident (liability) is distributed among the responsible parties. The court or a mediator will figure out what percentage of fault each of the parties holds, and then reduce every party’s compensation by this amount.
This means that even if the plaintiff is found to be more than 50% at fault for the accident, they might still be able to recover damages. The percentage of liability or fault you are ascribed to will reduce the amount of any compensation the judge or jury awards you by the same percentage.
For instance, if the damages in your motorcycle accident are found to amount to $100k, and the at-fault driver is found to be 80% at fault (and you 20% at fault), you would only be eligible to receive $80k.
If you have any concerns or questions about who can be held liable for your injuries or damages, be sure to contact the Hollywood, Florida accident lawyers at Klotzman Law Firm today.
What Type of Compensation Can I Receive for My Motorcycle Accident?
If you go hurt in a motorcycle accident in Hollywood, FL., you might be eligible for compensation from the at-fault party to cover your losses. As a motorcycle crash plaintiff, you could be eligible for compensation under the following types of damages:
Economic damages
Economic damages, also known as special damages, are those that are meant to financially compensate the victim for any out-of-pocket expenses incurred from the accident. Some examples of special damages include:
- Past and future medical expenses
- Motorcycle replacement or repair
- Lost income or loss of earning capacity in case the injuries prevent you from working as you used to
- Loss of irreplaceable or priceless items
Non-economic damages
Non-economic damages, also known as general damages, are meant to compensate the victim for any non-monetary losses from the accident. General damages often make up the largest percentage of most injury claims. They include:
- Past and future pain and suffering
- Physical impairment
- Mental anguish and emotional distress
- Lowered quality of life
- Disfigurement and scarring
People who lost a loved one in a motorcycle crash might be eligible for additional damages under the wrongful death statutes, including grief, loss of companionship, loss of personal or household services, as well as funeral and burial expenses.
Punitive damages
Punitive action may sometimes come into play based on the circumstances of your case. The conduct of the responsible party might have been too extreme to call for additional punishment as a way to deter the defendant and members of the public from engaging in such acts in the future.
For instance, a motorist who intentionally strikes a motorcycle and ends up causing serious injury to the rider might be considered to have engaged in conduct that the judge or jurors call for punitive damages.
Why Was My Motorcycle Accident Claim Denied?
When involved in a motorcycle accident due to another’s negligence, it’s reasonable to expect compensation from the at-fault driver’s insurance company. However, claims are not always straightforward, and denials can occur, even in seemingly strong cases.
Being aware of the strategies used by insurance companies to deny motorcycle accident claims is crucial. This knowledge empowers you to effectively contest denials and pursue the compensation you’re entitled to. Key reasons for claim denials include:
Negative bias
Many people tend to stereotype motorcycle riders as reckless. Although they might rarely admit this, it could be an underlying reason why your claim was denied. You might have to fight harder for a fair settlement.
Delayed medical treatment
If you didn’t seek immediate medical attention following the accident, it could be a reason for the insurer to deny your claim. This is especially true if you didn’t get examined by a doctor within 48 hours of the collision.
Pre-existing conditions
In case your medical records show that you had suffered injuries similar to those suffered in the crash, the insurance company could deny your claim. However, in most cases, it’s not a legitimate reason to deny a claim.
Liability issues
The insurance company might claim that you were the negligent party responsible for the crash. You might have to present additional evidence to prove otherwise. Even if you’re found partly to blame for the accident, you’re still entitled to compensation under Florida negligence laws.
Inadequate coverage
The insurance company might deny your claim for reasons associated with the other driver’s insurance policy. They might claim that:
- The insurance policy had lapsed at the time of the accident due to factors such as non-payment of premiums.
- The driver responsible for the accident was excluded from coverage under the policy
- The insurance policy undertaken by the negligent driver is insufficient to fully compensate you.
In case your claim is denied for any of these reasons, you should seek the help of an experienced motorcycle accident lawyer to review your policy and establish if the insurance company is actually telling the truth, and seek other ways to get the compensation, such as using your own motorcycle insurance policy.
Are There Time Limits to Filing a Claim in Florida?
In every state, you have to file your motorcycle accident claim in court within a given timeframe for it to be valid. This is referred to as the statute of limitations. In Florida, the statute of limitations for personal injury cases, including motorcycle accident claims, is four years from the time of the accident.
If you fail to meet this deadline, the court will likely dismiss your case. In some cases, the judge might be willing to extend this deadline, such as if the plaintiff is a minor, or in case the injuries didn’t manifest until a few weeks after the crash.
It’s also worth noting the 14-day rule that can affect your ability to obtain compensation under your personal injury protection (PIP) insurance policy. It says that you have to seek medical attention within 14 days of the accident. Failure to meet this deadline might result in your PIP provider denying your claim.
Our Motorcycle Accident Lawyers Can Help
If you or a loved one was injured in a motorcycle accident caused by the reckless behavior of another motorist in Hollywood, FL, consider seeking legal assistance as soon as possible. At Klotzman, our Hollywood motorcycle accident lawyers have extensive legal experience handling these kinds of claims, and we’re ready to get to work immediately.
Let our Hollywood motorcycle accident lawyers investigate what happened, establish exactly who is liable, and work to secure full compensation for your losses. We’ll guide you through the legal process and make sure you understand your rights and options every step of the way.
We work on a contingency fee basis, so you don’t have to pay us anything upfront to access our services. We collect our fee from any settlement we obtain on your behalf. So, you have nothing to lose when you enlist our services.
Whenever you need an experienced Hollywood motorcycle accident lawyer, feel free to contact us online or call us at 954-915-7405 to schedule a free, no-obligation consultation. You can also visit our Hollywood office or request our motorcycle accident lawyers to come to a convenient location.
