Tampa offers beautiful motorcycle rides. The Gulf to the west. Year-round warmth and sunshine.
Unfortunately, careless Tampa drivers put motorcyclists’ lives in jeopardy when they fail to follow the basic safety rules of the road. And because motorcycles offer a fraction of the protection that a motor vehicle provides, motorcycle crashes can leave their victims with devastating injuries.
If you have experienced a motorcycle accident in Tampa recently, you’ll want to allow an auto accident attorney who specializes in motorcycle cases to handle your insurance claim. If needed, you’ll want an attorney who will file a lawsuit and fight for you.
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Below, we talk about the basics of a Tampa motorcycle accident claim. We also explain how a motorcycle vehicle accident attorney wins your case.
Compensating You for Your Losses From a Crash
When a case goes to court for a settlement, the amount is calculated according to a variety of factors, including:
The state of Florida operates under a pure comparative negligence standard. Basically, the court will determine to what extent the accident was your fault. Any settlement will then be adjusted accordingly. If the court determines you are 20% to blame, your settlement will be reduced by 20%. If you are 50% to blame, it will be reduced by 50%, and so on.
THE SEVERITY OF INJURIES
Some injuries are worse than others. Many will be no more than a scratch, causing minimal pain and discomfort. Settlement amounts take into account whether the victim suffered “hard injuries.” These include broken bones, damage to the nerves, and brain injuries or damage.
The time it takes to recover from motorcycle accident injuries can also vary greatly. While some people will be fully recovered in just weeks, it can take years for others to recover. Many victims will need to undergo extensive surgery. Some will also need therapy in order to regain function and mobility. Some may never fully recover from their injuries. The longer it takes someone to recover, the higher his or her settlement will be.
Motorcycle accidents can be extremely painful. The victim may have broken bones and other injuries that cause significant physical distress, which can sometimes last for many years after the accident. The victim will also likely experience considerable emotional distress from the accident. These factors will also be taken into consideration.
Injuries can cause someone to be unable to work, which usually results in lost income. This could be temporary, or it could be possible that he or she will be unable to return to work for the rest of his or her life. It would not be fair that an innocent victim should suffer a financial loss in this way. Such loss of income is considered when calculating settlement amounts.
Medical bills can add up very quickly. They will often be unaffordable for many people. Motorcycle accident victims could sell everything they have and still end up bankrupt from medical bills. It is not right that an innocent victim suffers these kinds of losses. Thus, settlements for motorcycle injuries will consider medical expenses incurred as a result of the accident. With the medical bills paid, the victim won’t have to worry about paying them from his or her own financial resources.
A Tampa motorcycle accident lawyer will help calculate a fair settlement amount for you. It is normal to try for an out-of-court settlement first. If that cannot be reached, then your attorney will take your case to court.
How an Attorney Can Help
Motorcycle accident settlement cases can be complex. It will usually take a legal expert’s help to reach a settlement. That is where an attorney will help. A Tampa motorcycle accident attorney will follow numerous procedures in pursuing a settlement for you.
Without evidence, the court cannot determine who was at fault. Part of an attorney’s job is to collect as much evidence from the accident as possible. With the right evidence, it is easier for the court to decide who was at fault and how much the settlement should be.
This will often include reconstructing the accident. Professional reconstructionists will be called in to help the court determine exactly how the accident unfolded. This testimony can be one of the most compelling forms of evidence in a case.
ANALYZE POLICE REPORTS
Whenever the police respond to an incident, they create a report. These reports often hold essential information that is useful in a case. The victim’s attorney might also interview other people that were present at the time of the accident. This information can be used to help the court determine exactly what happened.
WORK WITH THE INSURANCE COMPANY
At least one insurance company will be heavily involved in the case. The victim’s attorney will provide the involved insurance company documents and evidence and will also pursue a settlement from them. A Tampa motorcycle accident attorney will understand how insurance companies work and how to get the settlement his or her client deserves.
CONSULT WITH EXPERTS
Any case can involve numerous experts in various fields. Your attorney will consult with such experts to help build your case. He or she will also consult with other legal experts when necessary. With input from various experts, a Tampa motorcycle accident attorney can build a stronger case.
PURSUE THE CASE
Your attorney will pursue the case from start to finish. He or she will continue to work with the insurance company and other involved parties to help ensure the case is moving along.
Motorcycle accidents can cause severe and debilitating injuries. In addition, the emotional and physical distress caused can leave the victim unable to effectively pursue a case. With this in mind, your attorney will prepare your case; this enables you to focus on your recovery. Your attorney will also work with your friends and family to help prepare the best case possible on your behalf.
How Much Does It Cost to Hire a Tampa Motorcycle Accident Attorney?
One concern might be whether you can afford to hire a lawyer. The good news is that it will cost you nothing up front.
A Tampa motorcycle accident attorney will work for you on a contingency fee basis. This means that he or she will take a percentage of any settlement that is made on your behalf.
The fee will usually depend on whether or not the settlement is agreed upon before or after going to court. If your case is settled out of court, then your attorney’s fee is 33% of your settlement. These cases are usually settled more quickly than cases that go to court.
However, insurance companies will try to pay as little as possible. If your attorney and the insurance company cannot agree on a settlement amount that is fair to you, the case will need to go to court. This is especially true with cases involving insurance companies in Tampa and Central Florida. If your case goes to court, your attorney’s fee will be 40% of your settlement.
It costs nothing for a consultation with us and you do not pay any fees until your case is settled. Click on our Contact Us form or call 1-813-530-1087 today so we can tell you how we can help you. All it takes is a call and our attorneys can get to work for you right away.