Sarasota Motorcycle Accident Attorney (2023)

FAQs

What is the average payout for a motorcycle accident in Florida? ›

According to the motorcycle accident settlement examples listed on this page, the typical Florida motorcycle accident settlement is anywhere from $799,000 to $11,000,000. Settlements depend greatly on the unique circumstances of each case.

Their goal is to win or settle your case. When this happens, they'll get a percentage of your settlement. Typically, a car accident lawyer will charge about 33% for a personal injury case that doesn't go to trial. However, if you can't settle your case – or refuse to settle – this percentage will go up to 40%.

Therefore, it's recommended to hire a lawyer soon after your accident. A car accident lawyer can advise you on how to handle your insurance company and lead negotiations to ensure that you get a fair settlement. Under Florida Statute 627.7407, the State of Florida is a no-fault state.

Depending on the severity of the injury, recovery may take a few months or years. Some victims never recover completely. Some of the most severe injuries from motorcycle accidents include: Head and neck injuries.

The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000 or more. As you can imagine, settlement amounts can vary depending on a wide range of factors.

Nationwide, the average percentage lawyers take from a settlement can range from 25% to 75%. Depending on a number of factors, these percentages change when comparing a car accident settlement, to a disability claim, or a medical malpractice case for example.

Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.

As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

What to expect physically after a motorcycle accident? ›

Riders most frequently experience road rash to the legs, arms, back, and midsection as these areas are most likely to drag along the road if the occupant is thrown from the bike. Severe road rash requires skin grafts and may lead to permanent scarring. It is prone to infection and may take several months to heal fully.

In Florida, all lawsuits are bound by Florida's Statute of Limitations. These are the laws that define how much time can pass after an accident before you can no longer make a claim. The statute of limitations for this type of accident is four years. This time frame counts from the day on which your accident occurred.

Can someone sue you personally after a car accident? In Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver's vehicle.

In most cases, you have two years from the date of your car accident to claim injury in Florida. This time limit is established by Florida's statute of limitations, or Florida Statute § 95.11(3)(a). If you are pursuing a wrongful death lawsuit, Florida Statute § 95.11(4)(d) also gives you two years to file.

Yes, you can get PTSD from a motorcycle accident. Post-traumatic stress disorder (PTSD) can be caused by any traumatic event that you experience or even witness. Everyone reacts to trauma differently.

However, National Highway Transportation Safety Administration (NHTSA) data shows that the odds of surviving a motorcycle accident nationwide range from 90-95 percent.

$175,000 – Rear-Ended Car Accident Settlement Payout

According to the car accident case examples on this page, the average settlement for a rear-end collision in Florida is between $175,000 and $435,000. The amount of compensation you can expect varies greatly depending on the circumstances of the accident.

A personal injury case in Florida can often take anywhere from 4 to 6 weeks of filing the claim to settle it. In other cases, litigation can take a year or more for that to happen.

Do you pay taxes on lawsuit settlements? ›

Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS. Nonetheless, personal injury settlements – specifically those resulting from car accidents or slip and fall incidents – are typically exempt from taxes.

1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.

When it comes to lawsuit settlements, it is important to understand if and how the settlement is taxable in Pembroke Pines, Florida. Generally, any damages you receive from a lawsuit settlement are considered taxable income by the Internal Revenue Service (IRS). This includes compensatory damages and punitive damages.

Negotiation and Mediation (2-4 Weeks)

Most personal injury lawsuits in Florida are settled before they go to trial because settling saves both parties time and money. Settling cases out of court also allows insurance companies to keep the details private.

Overall, the settlement negotiation process typically takes a few weeks to a few months. If all goes well, you and the other party will agree to a fair settlement for your damages.

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.

That said, the most common lawyer contingency fee average ends up being 33%, or ⅓ of the total earnings of a case, but can go up to 40% (in some jurisdictions) as the complexity and risk involved in taking the case increases.

How long are you sore after a motorcycle accident? ›

It's common for bike accident victims to experience soreness and discomfort in the days and weeks following an accident. However, if pain persists for a significant amount of time, you could be dealing with chronic pain.

Broken arms, elbows and fingers are common. Injured motorcyclists might experience permanent nerve damage to the upper body. Motorcycle gloves and “body armor” can help to provide some protection. The thorax, or upper trunk of the body, houses the heart, lungs and other internal organs and is protected by the ribs.

Speeding (29.5%)

Speeding is the number one cause of motorcycle accidents in California. Motor vehicles and bikers may speed due to traffic congestion, running behind schedule, or for the thrill.

Car drivers are usually at fault in motorcycle accidents. They may succumb to poor driving behaviors, such as disregarding motorcyclists, improper left turns, and opening their doors without checking for oncoming traffic.

Don't start riding again until all your injuries have healed

To reduce the chances of this you should make sure that all of your physical injuries are completely healed before getting back on your bike. It's also important to ensure you are mentally ready as well.

Reckless Driving, Speeding, and Alcohol Use

These three causes of motorcycle accidents are forms of reckless driving. Liability, of course, will come down to who was driving recklessly (the motorcyclist or the motorist). Proving negligence can be straightforward once you have proven that reckless driving occurred.

Most motorcycle neck injuries involve the soft tissues in the neck. These types of injuries are often caused by the motion of a rider's head atop their neck during the crash. The muscles and bones in the neck were not designed to stabilize a victim's head during a crash and aren't strong enough to do so.

Seeking mental guidance, such as support groups and therapists, is a great way to help with mental support. Practice self-care: Similar to being optimistic about being in an accident, practicing self-care will also aid in the healing process.

Insurance companies in Florida have 90 days to settle a claim after it is officially filed. Florida insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

Florida is a no-fault automobile insurance state. This means that drivers must carry personal injury protection insurance (PIP) to pay for their medical expenses and other accident-related damages, regardless of who caused the collision.

Can you sue for emotional distress Florida? ›

Emotional distress is a type of damage that you can seek compensation for by filing a lawsuit in Florida. However, because emotional distress is an intangible accident-related damage, it can be challenging to prove that you suffered emotionally.

Because of Florida's “no-fault” auto insurance, the likelihood of being sued for an auto accident is much less than that of other states. However, if your injuries qualify as “serious injuries,” legal action can be taken against the party at fault.

The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000 or more. As you can imagine, settlement amounts can vary depending on a wide range of factors.

In a lawsuit, pain and suffering is a type of non-economic damages. Under Florida law, plaintiffs can seek damages for pain and suffering, as well as other non-economic damages.

Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.

If your medical professional tells you that your injuries are permanent, you should pursue a whiplash claim. Florida gives you four years to file an accident for personal injury, but don't procrastinate until the end of that window. Contact us today if you need a Florida attorney to assist you with your whiplash claim.

According to one study by Jury Verdict Research, the average settlement amount for whiplash injuries in Florida was $35,000. In more severe cases, the long term effects of whiplash can cause the settlement amounts can exceed $100,000.

The average car accident settlements shared on this page from our Florida law firm range from $125,000-$500,000. The payout number can vary quite widely from this as well, however. If you have been injured in a car accident don't hesitate to reach out to our office for a free case consultation.

According to the National Highway Traffic Safety Administration, approximately 236 motorcycle crashes result in injuries every day in the United States. In general, the odds of getting into a motorcycle accident are 1 in 100. Although these odds are high, there are ways to prevent getting into a crash.

Motorcycle and automobile accidents combined are the leading cause of spinal cord injuries, responsible for nearly half of new spinal cord injuries every year. An estimated 80% of reported motorcycle crashes result in injury or death.

What is level 3 whiplash? ›

Grade 3: With Grade 3 whiplash, there are also neurological signs beyond the pain and swelling. These can include numbness, tingling, headaches, vision problems, trouble swallowing, vertigo, muscle weakness, and more.

If you think you have whiplash or related injuries after being in a car accident, even if your symptoms are mild, the law says you are entitled to financial compensation because of the pain and suffering you have experienced.

Minimum bodily injury coverage can be $10,000 per person/$20,000 per accident. Recommended coverage is generally higher, and can range from $15,000/$30,000 to $250,000/$500,000 or more. As explained below, you must have bodily injury coverage in order to be eligible to purchase Uninsured Motorist (UM) coverage.

The other limitation is the amount you can sue for. Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

As such, numerous possible factors might be considered when a jury assesses damages for pain and suffering. The most common factors that are considered when pain and suffering damages are calculated include injury severity, required medical treatment, recovery period, and impact on your life.

' Almost 70% of motorcycle accidents occur at intersections because drivers do not see the motorcycle. Since motorcycles are smaller, other motorists often misjudge how fast a motorcyclist is traveling and turn into their path of travel causing an accident.

However, National Highway Transportation Safety Administration (NHTSA) data shows that the odds of surviving a motorcycle accident nationwide range from 90-95 percent.

The National Highway Traffic Safety Administration (NHTSA) provides the following statistics on motorcycle accidents: 52 percent of fatal motorcycle accidents occur on weekend nights, with the highest proportion occurring between 3 p.m. to 9 p.m.

Head-On Collisions

In the majority of these cases, the car strikes the motorcycle from the front. And, it's no surprise that when head-on collisions occur, they're often fatal for the motorcyclist.

What is a major cause of death in motorcycle accidents? ›

As mentioned previously, head injuries are the most common cause of fatal injuries in a motorcycle wreck. However, there are several other common causes of fatal accidents. The most common fatal injuries include: Head injuries.

The Average Age for Motorcycle Fatalities Is Over 40

The most common age to die in a motorcycle accident is 42. The reason for this could be the decreased vision, hearing, and body strength that come with older age.