Motorcycle accident lawsuits are typically brought under a theory of negligence. This type of case requires an injured person to prove four basic elements:
- The defendant owed a duty of care to the injured person.
- The defendant breached the duty by failing to act or by acting in a way that fell short of the level of care imposed by the duty.
- There was a causal link between the defendant breaching the duty and the crash.
- The plaintiff incurred quantifiable damages.
Once the victim has made a case of negligence, the defendant may make an allegation that the plaintiff should not be fully compensated for his or her damages because he or she was partially at fault in causing the accident. A defendant who proves comparative fault on the victim’s part may be entitled to a reduction in the amount of damages that he or she has to pay. This reduction is proportionate to the plaintiff’s percentage of fault. In other words, if a victim was 20 percent responsible for causing a crash, he or she may be limited to receiving reimbursement for 80 percent of the costs and losses that arose from it.
It is important that an injured person seek counsel in a timely fashion because any delay can result in spoliation of evidence. Accident scenes may change, witnesses’ memories may fade and medical providers may move out of the state. When these things happen, the value of a case can be adversely affected.
Another important consideration is the statute of limitations. Failing to file your claim within the time allowed by Florida law can mean the loss of the right to recovery, regardless of the severity of your injuries or the culpability of the defendant’s conduct. A knowledgeable attorney can advise you of the filing deadline in your particular case.
We make every effort to fully investigate a case, review all of the medical records to determine the nature and extent of a victim’s injuries, including a head injury, and work hard to negotiate a fair settlement. If necessary, we can take your case to court and assert your rights before a judge or jury.
We work hard to hold the person who hurt you accountable. To schedule an appointment with a member of our legal team, you can call our lawyer at 954-340-0037 or contact us online. There is no charge for the initial consultation, and we usually accept cases on a contingency fee basis, so you do not owe anything upfront.