Melbourne Motorcycle Accident Attorney
We fight for bike injury victims in Brevard County
Motorcycles are a common choice of transportation in Florida. The abundant good weather makes these cost-effective vehicles a pleasure to drive, and the large open stretches of road throughout the state are perfect for cruising. Florida has the largest population of riders in the nation, followed by Texas and California. Sadly, Florida also has the highest amount of motorcycle accidents in the U.S. and the third highest rate for accident-related fatalities. Because motorcyclists are so vulnerable on the road, other drivers are expected to exercise additional caution when driving near bikers. This does not always happen, and often, the negligence of a distracted or otherwise reckless driver can lead to catastrophe. Riders injured in such accidents should immediately seek counsel from a Melbourne motorcycle accident lawyer to learn their options for recovering monetary compensation.
Types of injuries
Injuries sustained in a motorcycle accident can be life-changing. As a driver or passenger on a motorcycle, you do not have the same physical protections during an accident as you would if you were in a vehicle. The most common injuries that occur in these events include:
- head and neck trauma
- traumatic brain injury (TBI)
- fractures to extremities
- spinal injuries
- road rash: cuts, scrapes, and other disfiguring injuries
Additional injuries may include internal bleeding, organ damage, and residual pain issues from any of the injuries received. Every accident is an individual event, and injuries will always vary.
Personal injury protection (PIP) insurance
One of the most important reasons for you to contact a Melbourne motorcycle accident attorney concerns insurance. Under Florida law, motorcycles cannot be covered under PIP insurance, even if you have a policy covering a car. While this may seem frightening at first, the truth is your motorcycle accident case will not be held to the same restrictions as a car accident.
The injuries caused by your accident, as your motorcycle accident lawyer will explain, will not be held to the same threshold standards as other vehicular accidents. In addition to economic damages, victims of motorcycle accidents can seek damages for pain and suffering, mental anguish, and loss of consortium, without having to meet the PIP threshold.
Types of compensation
While every case is different, your Melbourne motorcycle accident attorney will file for compensation for several different elements of your claim. These may include one or more of the following:
- Current and Future Medical Expenses. Your attorney will make sure that all of your current medical expenses are paid, and that you are awarded fair and complete compensation for any future medical expenses you may have as a result of your injury. If you have received a catastrophic injury, this may include lifetime medical expenses and care costs for your injuries. Your lawyer will work closely with medical professionals to determine these amounts.
- Lost Wages/ Loss of Earning Capacity. You can seek for compensation for any wages that you have lost as a result of your injuries or any future loss of earning capacity due to the accident. In some cases, additional benefits that you may have received during your missed time at work — such as contributions to your retirement fund and health care premiums — may be included in this compensation.
- Pain and Suffering. This includes any and all physical and mental pain you have endured as a result of the accident. Depending on the injuries, this may also include any future suffering you may endure. Your attorney will discuss this element of your damages with you if it will be a part of your case.
- Mental Anguish. Victims and their close family members may be awarded mental anguish compensation based on the facts of the case. Again, if this type of compensation applies to your case, your motorcycle injury lawyer will discuss it with you in great detail.
- Loss of Consortium. The uninjured spouse of the injured victim has the right to seek compensation for loss of companionship, sexual relations, and marital benefits.
Protect your rights and speak with a Melbourne motorcycle accident lawyer about your case.
As a victim of a motorcycle accident, you will encounter many issues with the insurance companies that you would not have to endure with other types of accidents. Insurers often try to dismiss claims from motorcycle accidents as a “high risk” event that is not covered under their policies. This is simply not true.
By hiring a lawyer to represent your case, you protect your rights as an accident victim. Your motorcycle wreck attorney will work aggressively on your behalf to make sure that you receive all the medical care you need for recovery and all the compensation that you are entitled to under the law.
How much does a personal injury attorney cost?
At Couture Law P.A. you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your personal injury attorney.
Do I have a case?
Because no two cases are alike, injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.