Motorcycle accidents are perhaps the most devastating of all vehicle related accidents. In the aftermath of a tragic motorcycle accident, hiring a personal injury lawyer may not be your top priority. However, critical evidence may be lost if investigation of the accident is not started immediately. The insurance company for the person(s) who caused the accident will be investigating the accident and you should have someone doing the same for you.
If you have been injured in a motorcycle accident as a result of the carelessness or negligence of another, you may be entitled to monetary compensation. There may also be issues that you have not thought of that will enhance the value of the claim, such as defects in the motorcycle or roadway that contributed to causing the accident.
More importantly, there are certain laws that apply to car accident cases that do not apply to motorcycles. For example, where a person has been injured while driving or riding in a car, they are entitled to payment of a portion of their medical expenses and lost wages, regardless of who was at fault. However, in order to collect non-economic damages (pain & suffering, etc.), the injured person must prove that they have been permanently injured. This law does NOT apply to motorcyclists because they are not required to carry PIP (or No-Fault) insurance. Therefore, if they are injured in a motorcycle crash in Florida, they need not prove that their injuries are permanent in order to receive pain and suffering compensation.
You should note that you must file your lawsuit for injuries within 4 years of the date of the accident. Florida law prohibits any suit filed after the
4-year period. Lawsuits for wrongful death must be filed within 2 years of the date of the accident that caused the death. There are other time limits that apply to governmental agencies that require you to put the agency on notice of your claim within 3 years of the accident. If you do not provide the required notice, you are barred from filing a lawsuit.
There are time limitations which are enforced strictly by the courts. If you have been injured or a loved one has died as a result of a motorcycle accident, you should consult with a lawyer immediately to learn your legal rights. Contact the attorneys at Wasserman & Thomas at (305) 895-7547 or toll free (866) 895-7217 to discuss your case for free.