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Motorcycle accidents often result in serious injuries or death to the
operator or passenger involved. Injuries range from a minimum of 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,
contact our law firm for an "instant" FREE and CONFIDENTIAL motorcycle
accident case evaluation by completing our online
consultation form or contact us to discuss
any questions you may have. Frequently Asked Questions Regarding Motorcycle
Accident CasesWhat 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 photos or videos
of the scene and vehicles from as many angles as possible. Photographs showing
the damage to your vehicle can be invaluable in assisting us in maximizing your
recovery.
- If you require medical treatment, be clear and accurate in what you
say about how the accident happened. 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 as automobile accident law?
Motorcycle
law and automobile law are greatly different. 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. In addition, the requirement of sustaining a permanent injury is not required,
thus, 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?
A 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 who is at fault for causing
the accident is referred to as the "tortfeasor" or "defendant."
Lawyers
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; and
- Insurance Coverage.
Liability
refers to the question of who is at fault and to what degree. Florida is a comparative
fault state, meaning that your recovery can be reduced by the percent of your
own comparative fault. The insurance company representing the person who caused
the accident obviously wants to minimize or eliminate the fault of its driver
and maximize your degree of comparative fault.
Damages refers to the injuries or losses that were caused by the
accident. Damages include past medical bills, future medical bills
that you are reasonably certain to incur, past lost wages, future
loss of earning capacity, and past and future amounts for the pain,
mental suffering, loss of enjoyment of life, and other elements
of damages.
Insurance coverage is frequently not as simple a determination
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 coverage. And, where uninsured or underinsured
motorist coverage (UM) is involved, there are multiple issues that must be resolved
to assure maximum financial recovery. The entire area of insurance coverage is
virtually a minefield that is best not entered without a competent and experienced
attorney.
How long will my 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 on what their future medical condition and expenses or losses will
be. With that being said, typically the average motorcycle accident claim is resolved
within 6 to 12 months after an accident. Once your treating physician places you
at MMI (Maximum Medical Improvement), which is usually 4 to 6 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. Naturally, the estimate of time is subject to
fluctuation depending on the facts of the case. What does MMI mean?
MMI
means Maximum Medical Improvement. Simply stated, it is a term used by doctors
to describe that your injuries and condition have improved as much as they ever
will, or, in other words, you are as good as you are ever going to get. How
much is my 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:
- 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 lawyer paid?
What if I can't afford a lawyer?
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 office are absolutely free. When you
receive compensation, meaning we have successfully concluded your
case, either by settlement or litigation, our fees are a percentage
of the gross settlement. This percentage is agreed upon before we
begin work, is in writing, signed by you and the attorneys and is
33 1/3% prior to filing suit and 40% after the lawsuit is filed,
up through trial.
The attorneys'
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, etc. 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
If you, or someone you care about, has suffered injuries in a
motorcycle accident, contact our law firm for an "instant" FREE
and CONFIDENTIAL motorcycle accident
case evaluation by completing our online consultation
form or contact us to
discuss any questions you may have. Attorneys Michael Hancock or
Claire Hancock will personally provide detailed and comprehensive
answers to your important questions by reviewing your completed
questionnaire, evaluating your claim and responding to you, either
by e-mail or telephone, within 24 hours. Or, if you prefer, call
Michael Hancock or Claire Hancock from anywhere in the United States
at 813/915-1110. 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.
In addition
to motorcycle accident cases, Hancock & Hancock handles the following types
of cases in Florida:
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