FAQs for Tampa Bay Motorcycle Accidents
Hancock & Hancock, P.A.
Michael and Claire Hancock
- What is the Statute of Limitations in Florida for suing the driver who caused my motorcycle accident?
- How much money will I get for my accident case?
- What can I do to protect my interests after a motorcycle accident?
- How is motorcycle law different from automobile accident law?
- What is a loss of consortium claim in Florida? How much is my spouse’s claim worth?
- An adjuster from an insurance company wants to settle with me and says “I don’t need a motorcycle accident attorney.” What should I do?
What is the Statute of Limitations in Florida for suing the driver who caused my motorcycle accident?
Generally, the statute of limitations in Florida for a typical motorcycle crash caused by the negligence of a driver is 4 years from the date of the accident. This means that your lawsuit against the other driver or vehicle owner must be filed in the correct court within 4 years of the accident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident attorney regarding the specific facts of your case.
How much money will I get for my accident case?
This is one of the most difficult questions to answer. Every case truly is different. Ultimately, it is a jury that determines the value of your case. But from our over 20 years of experience, we can advise you on a general range of a settlement value of your case, based on many factors which include, among other things, the following:
- how the accident happened;
- the extent of damage to the vehicles involved;
- the type and extent of your injuries and medical treatment, including surgeries;
- whether you sustained permanent injuries, fractures or significant scarring;
- your past medical history;
- the amount of your past medical bills;
- the expected amount of your future medical bills;
- the lost wages you have incurred;
- the future loss of your earning capacity;
- your age at the time of the accident and your remaining work years;
- other reasonable costs you have incurred caused by your injuries, such as the need to hire household help, child care services, etc.;
- insurance coverage available; and
- if married at the time of the accident, your spouse may have an additional claim for loss of consortium.
What can I do to protect my interests after a motorcycle accident?
- how the accident happened;
- You should report the accident immediately to the police if you have not already done so.
- Any and all witnesses to the accident should be identified by name, address and telephone number. Take photographs or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your motorcycle can be invaluable in assisting us in maximizing your recovery.
- If you require medical treatment, be clear and accurate in how you describe the events of the accident. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.
- You have a duty in Florida to be cooperative with your own insurance company. However, you have no such duty to cooperate or give a recorded statement to the insurance company for the driver who caused the accident.
- If you have suffered lacerations, road rash, bruising, or other injuries, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed.
How is motorcycle law different from automobile accident law?
Motorcycle laws and automobile laws are greatly different in Florida. For example, when insuring a motorcycle, the owner cannot purchase first party benefits, such as medical benefits and income loss benefits. In Florida, this is referred to as Personal Injury Protection, or PIP. Additionally, the requirement of sustaining a permanent injury is not required; therefore there is no restriction on recovery for pain and suffering. However, many areas of motorcycle law are in a state of flux. Our courts have yet to decide whether a motorcycle owner who is injured in an accident can stack uninsured and underinsured motorist benefits for the automobiles that are in the owner's household. Our courts have also not decided whether private health insurers can claim subrogation against the motorcycle owner in the event of recovery.
What is a loss of consortium claim in Florida? How much is my spouse’s claim worth?
In personal injury cases in Florida, in addition to those damages available to the injured person, the law allows your spouse a claim, too - it's called a claim for loss of consortium. A legal marriage is required, common law relationships are not sufficient.
A spouse has a cause of action for loss of consortium when the other spouse suffers personal injury caused by the negligence of another. Consortium generally refers to the services, comfort, society and attentions of a spouse. This includes more than just the marital sexual relationship, but also the companionship and fellowship of a husband and wife to each other. The burden of proof is on the claiming spouse and may be claimed for both past and future losses. Examples may include: a spouse taking on more housework or childcare responsibilities, which the injured spouse can no longer perform; a spouse taking time off from work to stay home and care for the physical needs of the injured spouse; physical activities that the couple used to enjoy but can no longer enjoy together because of the injuries such as dancing, roller skating, traveling, going to movies in a theater; and, a negative impact of the frequency or duration of intimacy.
The value of a loss of consortium claim is determined as a matter of fact by the jury. Historically, Florida juries do not make large awards for loss of consortium claims. One theory is that jurors believe that the marriage vow of "for better or for worse, through sickness and in health" plays in, and taking care of an injured spouse is just part of being married. However, by fully developing and presenting trial evidence of the thriving marital relationship prior to the injury (through deposition testimony, before and after witnesses, photographs and videos, and expert testimony, etc.) and then revealing evidence of a substantial change for the worse after the accident, an award of damages for loss of consortium may be substantial.
An adjuster from an insurance company wants to settle with me and says “I don’t need a car accident attorney.” What should I do?
No matter how sympathetic they may seem, adjusters who work for insurance companies have only one goal in mind when they offer to settle your case. It is their job to settle your motorcycle accident case with paying you the least amount of money possible. The job of insurance companies is to take your premiums/money in - not to pay money out. Calling or sending an e-mail to our office is free, you are under no obligation to use our legal services, and we want you to be educated so you can make the best decision for yourself.
