Motorcycle Accident Attorneys
Motorcycle accidents often result in serious injuries or death to the rider or passenger involved. Injuries range from minor road rash, to fractured bones, amputations, head injuries and death. The law governing motorcycle accidents differs greatly from the law governing accidents involving only automobiles. If you or someone you care about has been injured in a motorcycle accident in Florida, contact our motorcycle accident attorneys at Hancock & Hancock, P.A. for a fast, free and confidential motorcycle accident case evaluation.
The partners at Hancock & Hancock, P.A. possess the experience of over 35 years of personal injury law in the following types of cases:
Claire D. Hancock
Michael F. Hancock
Frequently Asked Questions Regarding Motorcycle Accident Cases
What can I do to protect my interests after a motorcycle accident?
- 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.
Is motorcycle accident law the same in Florida as 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 are the typical issues that I will face in making a claim for my injuries?
Any claim made against another driver or vehicle owner is called a "tort claim." It is usually based upon the concept of carelessness or negligence, although it can also be based upon an intentional or reckless act. The person at fault for causing the accident is referred to as the "tortfeasor" or "defendant". Motorcycle accident attorneys and insurance adjusters know that the three categories of issues that typically arise in a tort claim after a motorcycle accident are the following:
- Liability
- Damages
- Insurance Coverage
Liability refers to the question of who is at fault and to what degree. Florida is a comparative fault state; this means that your recovery can be reduced by the degree of your own comparative fault. The insurance company representing the person who caused the accident will of course want to minimize or even eliminate the fault of its driver, thereby maximizing your degree of comparative fault. Damages refer to the injuries or losses that were caused by the accident. Some damages include past medical bills, future medical bills that you are most likely to incur, past lost wages, a future loss of earning capacity plus past and future amounts for the pain, psychological suffering, loss of enjoyment of life, and other elements of damages.
Insurance coverage is frequently not as straightforward as might be expected. Often there are disputes over which of several insurance policies are responsible for paying your damages. There are also efforts by the insurance companies to deny or defeat your coverage. Where uninsured or underinsured motorist coverage (UM) is involved, there are multiple issues that must be resolved to assure the maximum allowable financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent and experienced motorcycle accident lawyer.
How long will my Florida motorcycle accident case take?
The answer to this question depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding of what their future medical condition and expenses or losses will be. With that being said, typically the average motorcycle accident claim is resolved within six to twelve months after an accident. Once your treating physician places you at MMI (Maximum Medical Improvement), which is usually four to six months after the injuries occur, we then prepare and send out a demand letter for settlement (subject to your approval) to the insurance company, and negotiate the highest possible settlement you are entitled to. The estimated time is subject to fluctuation and is dependent on the facts of the case.
What does MMI mean?
MMI means Maximum Medical Improvement. Simply put, it is a term used by doctors to describe injuries pertaining to your condition and how much they have improved or will ever improve. In other words, you are healed as much as you are ever going be healed.
How much is my Florida motorcycle accident case worth?
This is one of the most difficult questions we are often asked. The evaluation of your motorcycle accident case is based on many factors, which include (among other things) the following factors.
- How the accident happened
- The extent of damage to the vehicles involved
- The type and extent of your injuries and medical treatment
- Whether you sustained permanent injuries or significant scarring
- 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 earning capacity
How is my motorcycle accident attorney paid? What if I can't afford a motorcycle accident lawyer in Florida?
Hancock & Hancock, P.A. handles all cases on what is called a "contingency fee" basis. This means that no fees or costs are charged unless we collect money damages for you. All of the consultations with our motorcycle accident lawyers at our Florida law firm are absolutely free. When you receive compensation, meaning that we have successfully concluded your case, either by settlement or litigation, our fees are then worked out as a percentage of the gross settlement. This percentage is agreed upon in writing before we begin work and signed by both you and the motorcycle accident attorneys. The percentage is paid 33⅓% prior to filing suit and 40% after the lawsuit is filed, up through trial.
The motorcycle accident attorney’s fee is separate from the "costs" that the firm advances on behalf of the client. "Costs" include expenses for obtaining copies of medical records from your doctors, expert witness fees, accident reconstruction experts, filing fees at the courthouse, costs of taking depositions of the parties involved, all witnesses, doctors and other experts and so on. As your motorcycle accident lawyers, we advance all costs related to your case. Only upon obtaining a recovery for a client are we reimbursed the costs advanced by our law firm.
Free Consultation for your Florida Motorcycle Accident
If you or someone you care about has suffered injuries in a Florida motorcycle accident, contact Hancock & Hancock, P.A. for a free, immediate and confidential evaluation of your case. Attorneys Michael Hancock or Claire Hancock will personally provide detailed and comprehensive answers to your important questions by reviewing your online consultation form, evaluating your claim and responding to you, either by e-mail or by telephone, within 24 hours. If you prefer, call attorneys Michael Hancock or Claire Hancock in Tampa at 813-915-1110 or toll free from anywhere in the United States at 1-888-975-1110. Our phones are answered 24 hours a day, 7 days a week. We will answer your questions, without charge, and there is no obligation to use our services.
As committed Florida motorcycle accident attorneys, and many other types of personal injury cases such as slip and fall injuries, justice will be served for you.