Florida Motorcycle Accident Lawyer
Cases stemming from motorcycle accidents are often entirely different from those arising from other vehicle accidents. Injuries from these accidents tend to be more severe, and settlement offers can be higher as a result. Various legal issues surrounding fault and negligence may also come up, including whether the victim was wearing protective gear or not.
These differences may necessitate help from the experienced Florida motorcycle accident lawyers at Kogan & DiSalvo if you become injured from this type of accident. Consulting with adept personal injury attorneys who are familiar with how these cases work may significantly increase your odds of recovering fair compensation.
Influence of Wearing Protective Gear on a Motorcycle Accident Case
Many potential plaintiffs make the mistake of believing that they are automatically at fault for their injuries and cannot recover compensation if they were not wearing a helmet or other protective gear at the time their crash occurred. In reality, the failure to wear protective gear or a helmet is only one element of the case.
A civil court or the jury is not allowed to consider the plaintiff’s liability unless the defendant introduces it. If the court does determine that the plaintiff had some liability, they generally will assign them a percentage of fault and reduce their compensation proportionately. A Florida motorcycle accident attorney from Kogan & Disalvo would be prepared to refute these types of arguments and work to maximize a plaintiff’s recoverable damages.
Florida Motorcycle Accidents Caused by Road Conditions
If a motorcycle accident was caused in whole or in part by road conditions such as a pothole or improperly controlled intersections, the plaintiff might have a case against the city, county, or state government where the accident occurred. If road conditions played a part, but another driver is also liable, both can be named as defendants in the case.
A civil court or jury typically determines the liability of each defendant after a trial. Once their decision is made, each defendant would then be responsible for paying their proportionate share of damages to the plaintiff. If one party settles with the plaintiff before going to court, the damages owed by the non-settling plaintiff may be reduced by the settlement amount.
Claim Filing Deadlines
Working with qualified Florida motorcycle accident lawyers as soon as possible after an accident could help ensure that a victim seeking to file suit does not miss the deadline set by the statute of limitations.
Failing to adhere to these essential filing deadlines is almost a guarantee that the plaintiff would be unable to recover any compensation at all. Courts often dismiss cases when the statute of limitations has expired before the case was filed, so time is of the essence.
Consult with a Florida Motorcycle Accident Attorney Today
Your attorneys could keep track of all your documents, let you know what you need to do, deal with often-powerful and intimidating insurance companies on your behalf, and handle settlement negotiations. This assistance could give you the space and time you need to heal while still pursuing justice in the legal system.
You can receive a free case evaluation to determine if you have a valid claim by consulting the Florida motorcycle accident lawyers at Kogan & DiSalvo. Call today, as your right to recover may be time-limited under Florida law.