Motorcycle accidents, like car accidents, can be a traumatic experience for all the parties involved as well as for their loved ones. These lawsuits can be over quite quickly or they could be drawn out over a few years. The time frame is unpredictable, given the amount of factors that must be taken into account in determining an appropriate settlement value.
The Tampa, Florida motorcycle accident lawyers at the law offices of Jack Bernstein, Injury Attorneys, are here to help guide you through this difficult process and ensure you reach a settlement in a reasonable amount of time.
Insurance claims play a significant role in any motor vehicle accident claim, and that includes accidents involving motorcycles. One of the first things you should do following a motorcycle accident is file a claim with your insurance company so it can begin as soon as possible.
Insurance companies in Florida are obligated to follow the statute of limitations when handling motorcycle accidents. This means the insurance company is required to process and settle claims within a certain timeframe, otherwise, the claim will be barred from being filed in court.
In Florida, the statute of limitations for a motorcycle accident is four years from the date of the accident. This means that the insurance company may only work on processing this claim during that time period. If you find your insurance company is failing to respect the statute of limitations and is putting your claim at risk, discuss the issue with your personal injury attorney right away.
Whether or not the motorcycle case goes to litigation, there are certain legal proceedings that every lawsuit must go through. It’s important to understand the following stages of a lawsuit so you know what to expect for your own motorcycle accident case.
The discovery process is the first stage of any lawsuit, regardless of what the claims may be. During this process, each party works toward collecting as much evidence as possible to build their legal argument. Parties will exchange any requested records that may be relevant to settling the claim. The more discovery an attorney can obtain, the stronger their argument is likely to be.
Common forms of discovery in a motorcycle accident include:
In addition to requesting documents, attorneys may rely on interrogatories during the discovery process as well.
Once discovery has closed, the parties will begin negotiating a settlement. Negotiations between the attorneys and insurance companies preferably end in a settlement as opposed to reaching trial, as this option is typically favorable in both time and money.
Reaching a settlement is typically in everyone’s best interest as this can significantly speed up a case and take much less time than litigation. Once a settlement is reached, the attorneys can focus on getting the parties paid and closing out the case with the court. If the parties are willing to cooperate for the sake of getting the lawsuit over with, settlements can be reached relatively quickly.
Motions can be a common tool used by a lawyer throughout a lawsuit. These are requests for the judge to make a legal ruling on a case and may include:
Since motions can be confusing for anyone without legal experience, our attorneys are happy to help you understand the purpose of each motion and inform you of when they may make these requests.
While the best case scenario for most cases is reaching a settlement, trial is inevitable for some cases to be determined. A trial allows each party to present their legal arguments in front of a judge and jury so that a verdict may be reached. Unlike what is portrayed on television shows, trials can be costly and time-consuming, which is why your attorney will do their best to ensure you reach a settlement.
If you have an experienced motorcycle accident attorney, like the ones at the law offices of Jack Bernstein, you can expect your case to be expertly handled and expedited. Our attorneys know the legal system, and they also know the importance of reaching a quick settlement, so we will do everything in our power to ensure you have a settlement check as soon as possible so you can focus on your recovery.
If you or a loved one has been injured as a result of a motorcycle accident, it’s important you reach out to one of our experienced motorcycle accident attorneys today. Our personal injury attorneys are passionate about helping every client reach the most favorable settlement possible. We understand that motorcycle accidents in Florida are common and we want to provide as much assistance as we can to the victims. Our attorneys believe that you should not settle for anything less than the maximum compensation you deserve, and we work hard to reach that goal for you as quickly as possible.
Discovery Definition. (2023).
Goguen, D. (2023). What is the Car Accident Statute of Limitations in Florida?
How Courts Work. (2021).