After a serious motorcycle accident, one of the questions you might be asking yourself is how you’ll get the coverage to pay for medical bills and lost wages. While insurance might be able to cover some of these damages, you may not be entitled to full compensation through an insurance claim. If you take your case to court, the at-fault party might offer you a settlement – but this too may be too low to cover your needs. Florida motorcycle accident lawyer Prosper Shaked discusses how settlements and damages are calculated, and how the average settlement might not be enough for your injuries.
How to Get Damages for a Motorcycle Accident in Florida
Damages in a motorcycle accident or car accident include multiple types of damages that are often paid to the victim in three possible ways. The first way to get damages is through an insurance claim, where your insurance or the at-fault party’s insurance pays you damages for your crash. Second, you could get a settlement from the at-fault party, where they pay your damages in one lump sum or as part of a structured settlement. Lastly, you could take your case to court and win damages through a jury verdict. The damages you are entitled to and what values you may claim depend on what type of payout you receive.
Types of Damages in FL Motorcycle Claims
In any motorcycle accident case, there are a few varieties of damages you might be entitled to claim. However, the way you claim damages, i.e., through insurance, through a settlement, or in court, might limit which damages you can receive and how much you are entitled to. The following are all common damages from motorcycle accident lawsuits:
If you were seriously injured, you could face hundreds of thousands of dollars in damages for medical care. These claims could include the cost of emergency medical transportation (e.g., ambulances, medivac), imaging (e.g., X-rays, MRIs), surgery, hospital stays, doctor’s appointments, physical therapy, and more.
If your injuries keep you from returning to work, you could lose wages while you recover. If you are too injured to go back to work or suffer a reduced earning capacity, you may also claim those damages.
Pain and Suffering
The injuries from a motorcycle crash can be extremely painful. These injuries could also interfere with your day-to-day life, preventing you from enjoying activities you used to love. You may be able to claim damages for these harms as well.
If a loved one was killed in a motorcycle accident, you may be entitled to damages for their death. This can include funeral and burial damages as well as other damages for the loss you suffered.
In some accident cases, the at-fault party may have done something seriously wrong. For harms like this or repeat harms committed by the same party or company, the judge may award you additional damages to punish the at-fault party. These are most common in cases like truck accidents or bus accidents, where a company behind the crash commits serious errors.
What Damages Are Available in Settlements in FL?
The route you take you receiving compensation will define what damages you could be entitled to. While looking at statistics and averages might help you understand how much people may receive for their accident cases, the damages for every case are different. Not only is the extent of the harm different in every case, but the damages ultimately received depend heavily on the individual’s circumstances and the route they take to recovery. While averages might not help you understand what your case is worth, the following limitations may.
When claiming damages through a lawsuit, you can claim any damages you think you may be entitled to. A jury can award any damages that stem from the accident, including all of the damages listed above. In addition, other economic losses, such as the cost of hiring a babysitter while you’re in the hospital, could be covered, too.
If you settle your case early, you may lose certain damages. First, parties will not usually agree to pay punitive damages, and these are only typically available in a jury verdict. Second, the other party may pay you a reduced value for all damages in exchange for giving up fighting the case.
When you file through insurance, you give up the most. Your policy may dictate limitations on damages, including capped percentages of the total medical expenses or lost wages you receive. There may also be policy limits that cap the damages you receive far lower than what you might need.
Our Miami Motorcycle Injury Attorney Offers Free Consultations
If you or a loved one was injured in a motorcycle accident, call Prosper Shaked Accident Injury Attorneys PA today to schedule a free consultation on your case. Never accept a settlement from your insurance company – you don’t want to be wondering where your injury settlement money is – or the at-fault driver before discussing your case with an experienced Miami personal injury lawyer. To schedule your free consultation, contact our law offices today at (305) 694-2676.