Do I Need an Attorney for My Motorcycle Accident Case?

In 2020, there were 5,715 motorcycles involved in fatal crashes, with 5,579 motorcyclist deaths, as reported by the Insurance Information Institute. When you take your motorcycle out on the road, there is little protection between you and other vehicles. As such, when you or a loved one is involved in a motorcycle accident, you need help from a motorcycle accident attorney to ensure you receive the compensation you deserve.

Get a motorcycle accident injury case evaluation for FREE in Miami today. 

Do I need an attorney after an auto accident?

It is highly recommended that you consult with an attorney following a motorcycle or auto accident. An attorney can advise you on the best course of action and protect your rights in the event of a dispute. An attorney can also help you obtain compensation from any liable parties for medical expenses, property damage, lost wages, or pain and suffering.

When do I need a lawyer for a car accident? 

You should contact a lawyer as soon as possible after the accident. This is important because gathering evidence and preserving key documents may be time sensitive, particularly when dealing with insurance companies or other parties liable for your claim. An attorney can also provide guidance on completing the necessary paperwork and ensuring that all deadlines related to your case are met.

How do I know I have a motorcycle accident case?

Suppose you have been injured in a motorcycle accident where another party was negligent and caused your injuries. In that case, you may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering. To determine if you have a case, it is important to consult with an experienced motorcycle accident lawyer who can review the facts of your case and advise on the best course of action.

What is a motorcycle accident attorney?

A motorcycle accident attorney is a personal injury attorney that specializes in motorcycle and auto accident injury claims. They represent the interests of clients who have been injured by another driver. They ensure their clients receive fair compensation for their injuries as allowed by law. 

What does a motorcycle accident attorney do?

• Explains your rights: A motorcycle accident attorney explains your rights and advises on the best course of action for your injury claim. This includes helping you understand applicable laws, filing the necessary paperwork, and ensuring all deadlines are met. 
• Advises on legal options: The attorney can provide advice on whether filing a lawsuit is appropriate or if negotiating an out-of-court settlement is more beneficial for you. 
• Investigates the accident: A motorcycle accident attorney will investigate the crash to determine who was at fault and what led to the accident. This includes interviewing witnesses, reviewing police reports, inspecting the accident scene, and collecting evidence such as photos or videos of the incident. 
• Builds your motorcycle injury case: Your attorney also builds your case by creating legal arguments with the appropriate supporting evidence, witness statements, and documentation to justify your claim for compensation.
• Negotiates with insurance companies: Since you are dealing with insurance companies after a motorcycle crash, an experienced attorney can help negotiate fair compensation for medical expenses, lost wages, and other damages related to your injuries. 
• Represents you in court: In some cases, it may be necessary to take legal action against those responsible for your injury – either by filing a personal injury lawsuit or participating in mediation or arbitration proceedings. An experienced motorcycle accident lawyer can represent you throughout these processes, ensuring that all applicable laws are followed and that any claims are properly documented and filed within the required time limits. 

What types of compensation could I receive for my injuries?

Some of the types of compensation you could receive as part of your settlement or favorable verdict include:

• Medical expenses: You may be able to receive compensation for any medical expenses related to your injuries, such as hospital bills, prescription costs, and physical therapy fees. 
• Lost wages: If you miss work due to your injury, you may be eligible for compensation for lost wages or income. 
• Pain and suffering: This type of compensation is intended to cover the emotional distress or physical pain caused by the accident and its aftermath. 
• Property damage: When your motorcycle was damaged in the crash, you might be entitled to reimbursement for repair or replacement costs. 
• Punitive damages: In some cases, punitive damages can also be awarded if it is found that the other party acted with gross negligence or recklessness in causing the accident.

Can I still file a claim even though Florida is a “no-fault” state?

Yes, even though Florida is a “no-fault” state, you can still file a claim for damages resulting from the accident. Under the no-fault system, each driver’s insurance company pays for their own medical expenses and property damage regardless of who is at fault in an accident. 

However, if your injuries are severe enough to exceed the limits of your insurance coverage or if another party was 51% or more at fault in causing the accident, then you can file a motorcycle accident personal injury claim against that party to obtain additional compensation.

Why can’t I negotiate a settlement with the insurance company myself?

While many people think they can get a much better motorcycle accident compensation settlement on their own without help from an accident attorney, they are wrong. 

Insurance companies are in business to make money, not pay it out in settlement offers. Insurance companies have their own teams of lawyers working on their behalf to ensure they pay out the least amount possible. When you attempt to negotiate with the insurance company, they do not inform you of the actual compensation amount you are entitled to receive.

Instead, they are skillful at getting you to agree to the lowest possible settlement without any future recourse. Once you settle yourself, you cannot hire an injury lawyer later to seek further compensation. As such, it is unfortunate that insurance companies take advantage of many people in this way. 

Why should I get legal help?

The most important thing to remember is that consulting with a motorcycle accident injury attorney never costs anything out of your pocket. After you discuss your case with the attorney, they will advise you on what would be best in your situation. 

Furthermore, when you have a lawyer representing your interests, you often end up with a much more significant settlement offer that pales in comparison to what you could receive from the insurance company should you attempt to negotiate a settlement on your own without legal representation. 

What should I do after a motorcycle accident?

• Seek medical attention: Immediately after a motorcycle accident, it is important to seek medical attention even if you don’t feel any pain or serious injury. This will help ensure that any injuries are properly documented and treated before they become more serious. 
• File a police report: You should always file an official police report following the accident, as this can be used as evidence for your insurance claim or personal injury lawsuit. 
• Document the scene: Take photos of the scene of the accident and make notes about what happened for your records. Be sure to get contact information from witnesses who may have also seen the crash occur. 
• Contact an attorney: An experienced motorcycle accident lawyer can provide guidance on how best to proceed with your case and work to maximize your compensation from any liable parties involved in the crash.

Get a free consultation with our motorcycle accident attorney in Miami

If you or a loved one was injured in a motorcycle accident, contact our experienced motorcycle accident attorney in Miami at Bernstein & Maryanoff for a free consultation today. Our goal is to ensure you receive the compensation you deserve due to another’s negligence. 

Contact us today for your FREE case review.

Sources: 

Facts + Statistics: Motorcycle Crashes. (2021).

Goguen, D. (2023). Florida No-Fault Car Insurance.

Gross Negligence. (2022).