As a victim of a motorcycle accident, you (or your loved one) may have severe injuries and medical debt, but by filing an insurance claim or personal injury lawsuit, you could recover compensation for such losses, holding the responsible party accountable.
At GED Lawyers, we have recovered over $26 million for accident victims like you. An Estero motorcycle accident lawyer from our law firm can manage your legal action for you, recover the damages you’re due, and fight for the justice you deserve. You’ll be able to focus on your recovery while we manage your case. Contact us today for a free consultation, and learn how our Estero personal injury lawyers can help.
The Damages Your Estero Motorcycle Accident Attorney Will Fight For
Depending on the nature of your case and your damages, your personal injury attorney may suggest filing a personal injury claim, a personal injury lawsuit, or a wrongful death suit. To assess your damages, your motorcycle accident lawyer in Estero will help you list them and valuate them. Your list of compensable damages could include:
- Expenses related to your medical treatment and recovery, such as bills for emergency services at NCH Bonita Springs and bills for physical therapy
- The costs of the household services and related services you can no longer provide due to your injuries preventing you from working, such as house cleaning
- Wages you can no longer earn due to your injuries
- The cost of repairing or replacing your motorcycle
- Pain and suffering
- Disability-related costs
- Funeral costs and related costs if you lost a loved one in a motorcycle accident
Our law firm will handle filing your claim with the at-fault parties’ insurance companies, allowing you to continue your medical treatment without added stress.
Personal Injury Protection Does Not Apply to Motorcycle Accidents
Florida is a “no-fault” state. Regardless of who is at fault for a motor vehicle accident, you would file your accident claim through your insurance company. As explained by Florida Highway Safety and Motor Vehicles (FLHSMV), your personal injury protection (PIP) insurance would cover your medical damages and a portion of your lost income, while the other driver’s property damage liability (PDL) insurance would cover your property damages.
Certain damages, however, aren’t covered by these policies. For example, pain and suffering isn’t covered by PIP. Also, the damages you could claim are limited to the policy limits.
However, this is not the case for motorcycle accidents.
Your Uninsured Motorist Policy Is Very Important as a Rider
In Florida, the owners of motorcycles are not required to carry PIP insurance. Motorcyclists must show they can be financially responsible for any damages they cause, but riders cannot use their PIP coverage if they are injured in a motorcycle crash. If they are injured in a motorcycle accident while riding, motorcyclists can file a claim with the at-fault party’s insurance company. Regretfully, Florida has a very high number of uninsured drivers.
According to the Insurance Information Institute (III), approximately 15.9% of drivers on Florida roads are uninsured. Due to this large percentage, carrying uninsured motorist coverage (UM) becomes very important.
Our motorcycle accident lawyers in Estero can review your policy and that of the at-fault party’s policy and determine which coverages you can file a claim with.
How Can a Motorcycle Accident Lawyer in Estero Help Me?
In addition to helping you decide between a claim or a suit, a lawyer from our law firm can take over your case, file your legal action for you, and manage your case on your behalf. Managing your case entails the following and more:
- Investigating your motorcycle accident: Our legal team will visit the accident scene, collecting evidence for the case, such as your medical bills, the police report, photographs, and any traffic camera footage of the accident.
- Confirming the evidence with testimony: We will interview eyewitnesses to the accident and consult with experts, such as accident reconstruction specialists, doctors, and financial advisors.
- Establishing negligence: We will use the evidence we gather to determine who was at fault, who is liable for your damages, how the accident occurred, and how your injuries will impact your life.
- Evaluating your damages: We will compile your losses, including those damages that are typically difficult to valuate, such as pain and suffering and other intangible damages, and present your list of damages to the insurers.
- Negotiating a fair settlement: We will file your claim and negotiate with the insurance companies to secure a settlement that reflects your complete losses, now and in the future.
- Arguing your case at trial: Thankfully, most cases settle out of court, but we will follow through on your lawsuit, bringing our arguments before a judge and jury if we cannot reach a fair settlement.
We will be there to answer any questions you may have. If you’re having any trouble understanding personal injury protection (PIP) insurance, property damage liability (PDL) insurance, uninsured motorist (UM) insurance, and what each covers, your lawyer can go over all these with you in greater detail. Your lawyer will also go over what each kind of insurance does not cover.
We’re available in the evening and on the weekend, and we’ll keep you updated throughout your case.
Negligence Requires Four Key Elements
When we gather evidence and develop your case, we are looking to prove four key elements. Through these four elements, we can prove negligence and argue your case for compensation. Those elements are typically presented as the following:
- Duty of care: You, the other driver, and everyone on the road must obey traffic laws and operate their vehicle safely.
- Breach of duty: When the other driver fails to follow the law or behaves irresponsibly, they have violated their duty of care.
- Causation: Due to this action, in some cases inaction, the other driver causes an accident in which you suffer injuries and losses.
- Damages: Your injuries, medical expenses, repairs to your motorcycle, the time you miss from work, and the pain and suffering you experienced can all be sought for financial recovery.
Call GED Lawyers today for a free case consultation, and learn the reasons why our motorcycle accident lawyers can help with your Estero accident.
Filing Your Motorcycle Accident Lawsuit Before the Deadline
Managing your case may also mean meeting the statutory deadline for filing a lawsuit at the Lee County courthouse. A lawsuit may be or eventually become your best option. Our lawyers will process your case in a timely manner in order to meet the statute of limitations, or, at the very least, keep the option open.
According to Florida Statutes § 95.11, Florida’s deadline for filing a personal injury lawsuit for your motorcycle accident is typically two years from the date of the incident. Florida’s deadline for filing a wrongful death suit is also two years from the date of the loss of life. If your case involves your insurance company failing to honor your uninsured motorist coverage, the statute of limitations for that lawsuit is five years.
It’s important to meet the deadline for your case. Missing it could bar your case from the courts. Plus, without the right to sue, the insurance companies will not be inclined to negotiate with you. Our attorneys will determine which deadlines apply to your case and ensure your case stays in compliance.
About Our Estero Motorcycle Accident Lawyers
Since 1995, our firm has been representing the people of Florida. We’ve been providing them with fair legal representation in their motorcycle accident cases, car accident cases, and other personal injury cases, as well as their wrongful death cases, and we work in other areas of law as well.
Over the years, we’ve developed excellent relationships with many different experts throughout Florida, including accident reconstruction specialists and scientists, and they’ve been able to offer invaluable testimonies for our clients’ cases. We’ve also hired many personal injury attorneys and staff with diverse backgrounds and native languages. We have staff members who speak Creole, Greek, Spanish, Turkish, Arabic, Portuguese, and Russian.
Since we’re able to accommodate so many different clients, refer to many different experts, and take on many distinct cases, we’re very confident we can help you with your case. We’re also confident since we’ve achieved excellent results in our many other personal injury cases.
Your Lawyer Can Work for You on Contingency
You have a choice in how you’d like to pay for your lawyer. For example, you can choose to pay your lawyer on a contingency basis, which means you won’t have to pay anything unless your lawyer recovers compensation in your case. You’ll just pay your lawyer a preapproved portion of the recovery amount. For many of our clients, this is the most affordable way to hire an attorney.
Regardless of what you choose, your initial consultation with us will always be free. During this consultation, we’ll provide a case review and offer legal advice about how to pursue financial compensation.
Connect With GED Lawyers for a Motorcycle Lawyer in Estero
Since the accident, you or your loved one may be struggling a lot. You might be facing a lengthy recovery time and hefty medical bills, and these issues may be complicated the rest of your life, like work and family life. To let yourself focus on the more important things, leave your legal matters in the hands of an attorney from our firm. Your attorney in Estero will pursue compensation for you.
Contact GED Lawyers today for your free initial consultation and case review with a member of our team.