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Motorcycle riders face more danger in becoming involved in an accident than any other user of Delray Beach roadways. Because motorcyclists have virtually no protection on a motorcycle they are often seriously injured and sometimes killed in accidents with cars and trucks. They are more prone to accidents as well because they are often in the blind spots of cars and trucks.
Those who are injured in a motorcycle accident, or the families of those who are killed, need legal help. To begin, contact a Delray Beach motorcycle accident lawyer for a free, no-obligation consultation to weigh the facts and determine if a lawsuit is feasible.
An experienced injury lawyer will work hard to help recover damages for those injured while they focus on their recovery.
What Is Comparative Negligence?
Personal injury incidents fall under Florida’s comparative negligence standard. Negligence is defined as not using proper care when interacting with others either intentionally or unintentionally.
Comparative negligence means everyone who shares some responsibility in causing an accident shall have their damages reduced by the percent of fault. In court, it is the role of judges and juries to determine the fault percentage using the facts of the case. Individuals should consult with a Delray Beach motorcycle accident lawyer for more information on negligence.
How Do I Prove Negligence?
Proving negligence rests with meeting these elements of negligence:
- Duty of care: Everyone who is competent has a legal responsibility toward others not to cause injury or property damage to someone
- Breach: An act, or an omission, that violates duty of care, such as breaking a traffic law
- Cause in fact: “But for” the breach the accident would not have happened
- Proximate cause: The defendant should have foreseen that the breach would result in the accident
- Damages: Actual financial loss occurred
What Are Potential Damages?
In personal injury cases these are the damages that may be claimed:
- Medical care and surgeries
- Therapeutic treatments and equipment
- Pain and suffering
- Emotional trauma
- Loss of current and future income
- Loss of consortium
- Punitive damages, if negligence was egregious
In fatalities, wrongful death law applies and other damages may be available.
Working With Our Motorcycle Accident Lawyers
In Florida, taking legal action following a motorcycle accident must be done within two years of the accident.
The lawsuit presents the facts of the case, the damage expenses, and applicable law. Your Delray Beach motorcycle lawyer will try to independently investigate the accident and may use an expert witness to reconstruct the accident for a jury and to refute the opposition’s interpretation of the accident. The attorney will try to depose all parties involved to develop testimonial evidence and to call them to testify in court. All records and receipts of treatments and care rendered are organized and totaled to reach the amount of damages sought.
If your case is settled, the lawyers at Kogan & DiSalvo in Delray Beach will aggressively negotiate with the defendant’s insurance carrier to reach a satisfactory damage award amount. Call our motorcycle accident attorneys today to get started on your case.
