West Palm Beach Motorcycle Accident Lawyer
Don’t risk accepting an inferior settlement for your motorbike collision. Instead, get full compensation by working with a West Palm Beach motorcycle accident lawyer.
If you’ve been hurt in a motorcycle crash, odds are good that your injuries are serious and will require a substantial amount of medical care to recover from. This level of care is often expensive, and it can easily leave you buried in debt at a time when your injuries prevent you from working. This is a terrible situation to be in, and if you didn’t cause the accident, you deserve to be compensated for these expenses and your other losses.
This is a difficult proposition, however, as your compensation will most likely need to come from an insurance company. Even if your claim is going through your own insurance company, you can’t assume that you’ll be treated fairly. These corporations are primarily concerned with their own profits, and if they can get away with paying you the bare minimum, they will.
By working with a West Palm Beach motorcycle accident lawyer from the Law Offices of Casey D. Shomo, you can avoid being taken advantage of by an insurance company. We can deal with the insurance company or the at-fault party’s attorneys so you can focus on what really matters: your recovery.
Dealing with an Insurance Company After a Motorcycle Crash
Even if you’re filing a claim with your own insurance, you have to be wary about making certain that you get treated fairly. While they can’t blame you for the motorbike wreck, they’ll probably try to get you to settle before you can retain a West Palm Beach motorcycle accident lawyer and discover what your claim is really worth.
Insurance adjusters are trained to appear sympathetic while only offering enough to make you think that you’re getting a good deal. In all likelihood, an initial settlement offer will fall far short of what your crash-related expenses will eventually amount to. Many motorcyclists are shocked to discover how little they can count on their insurer to provide them with honest answers.
Things get even more difficult if you’re filing a personal injury claim with another driver’s insurance company. In this case, they will try to blame you for the collision because any fault they can push onto you will reduce what they have to pay you. This is especially treacherous for motorcycle riders, because if your case goes to trial, they’ll likely try to use popular stereotypes of motorcyclists as reckless drivers to sway the jury against you.
Negligence and Motorbike Accidents
In order to get a fair settlement out of the insurance company, it will be necessary to develop a case that puts you in a strong negotiating position. By demonstrating exactly how you weren’t at fault for what happened, your West Palm Beach motorcycle accident lawyer can increase the likelihood that your case will settle out of court according to your terms.
An investigation into what happened will be necessary, as the more evidence and witness testimony that can be found to back up your version of events, the better. These are just a few of the common causes of West Palm Beach motorcycle wrecks and how negligence comes into play:
- Distracted Driving – The cause of thousands of accidents, distracted driving is particularly dangerous for motorcyclists, as their smaller frame makes it even more likely that a driver who isn’t paying attention will crash into them.
- Driver Intoxication – Perversely, accidents caused by drunk drivers typically cause more severe injuries to the victims than to the intoxicated driver. This is especially bad for motorcyclists who have little to no protection in a crash.
- Dangerous Roads – Hazardous road conditions are particularly dangerous for motorcycle riders. A pothole, improper shoulder drop-off, or uneven lane can upend a bike and potentially make the government entity responsible for the road financially liable.
- Speeding – Because of motorcycles’ smaller size, some drivers have difficulties properly gauging space between themselves and motorcycles. When a driver is speeding, it reduces the available reaction time, making a misjudgment and resulting crash more likely.
- Mechanical Issues – When you take your bike to a shop, you expect those doing the repairs to do a good job. When your motorbike isn’t serviced properly, this could lead to a collision. The mechanic or body shop could be held accountable in this situation.
- Manufacturing Defect – Those who design and manufacture your motorcycle’s parts can be held liable if they design and create parts that malfunction and cause accidents. Even worse, manufacturers sometimes know something is wrong with a part, but they don’t do a recall. That’s extreme negligence.
Proving Your West Palm Beach Motorcycle Crash Case
To hold the at-fault parties liable for your injuries, you must be able to prove your case against them. As in all cases, evidence is key. How will you gather the evidence needed to win your case? You most likely can’t, but your West Palm Beach motorcycle wreck attorney can.
You’ve just been seriously injured in a crash, and you should be focused on getting over your injuries. Your attorney will help investigate and prove your claim. Hiring expert crash scene investigators is one way to prove your case.
Your attorney will also need to record witness statements, gather police evidence, and obtain photos of your injuries and the crash scene. The sooner you contact your attorney, the sooner your crash can be investigated.
Evidence can be corrupted or witnesses can forget things over time, so it’s often best to get an attorney’s help with your case right away.
Below are some of the types of proof your attorney will use to convince the insurance companies to play ball:
- Crash scene photos and video, if available
- Crash investigators who will present documentation and testify on your behalf
- Witness statements
- All police evidence, police reports, and crash reports
- Medical proof, such as your medical history and your medical evidence of your accident-related injuries
- Records of expenses and other hardships your crash caused in your life
- Any other evidence pertaining to your motorbike crash case in West Palm Beach
If insurers refuse to take your claim seriously, we can always take your case into the courtroom.
What Should Be Included in a Motorcycle Collision Settlement
Once your West Palm Beach motorcycle accident lawyer has determined who was at fault and gathered all the necessary evidence, the next step will be determining what your personal injury claim is worth. This should be done before even thinking about accepting a settlement offer so you can be certain that the payout you receive is comprehensive.
A real settlement will cover future damages in addition to current ones. It will also account for how your quality of life has degraded because of the crash and your injuries. It’s not enough to only receive compensation for your financial losses.
Your expenses are easier to calculate because they have tangible dollar values associated with them. Medical bills, therapy expenses, lost wages and income, and property damage are just a few examples. Non-economic damages, on the other hand, include pain and suffering, emotional trauma, disfigurement, loss of consortium, and simple lost enjoyment of life.
Here is an example of how your damages should be calculated. Let’s say your accident resulted in a traumatic brain injury that has affected your cognitive functioning. Because of your accident, you now have difficulty with memory and won’t be able to work at your job anymore.
You will have all the accident-related financial costs, but you will also have cognitive treatments to pay for. In addition, you will now need to calculate how much money you’ll be losing due to your permanent disability.
Figuring out how much you would have made at your job is another part of getting a fair settlement. In this example, you should be requesting payment for the loss of your future earnings.
It will be difficult for you to understand how a claim’s value is determined on your own. Fortunately, your motorcycle wreck attorney in West Palm Beach can help with all of these calculations.
The Impact of Your Motorcycle Injuries on Your Financial Compensation
What injuries you suffer in the motorbike collision will have a substantial effect on the type of compensation you can recover. Some injuries will require more medical care than others, and some injuries will result in permanent disabilities, while others will heal just fine in time.
These are just a few of the crash injuries that your West Palm Beach motorcycle accident lawyer will have experience with and know how to properly value:
- Traumatic Brain Injuries – Head injuries can be incredibly serious and lead to permanent injury. Your memory, cognition, behavior, coordination, balance, and personality can all be affected by head trauma. You may not be able to return to work, and you should be compensated for this.
- Spine and Neck Injuries – Spinal column and neck injuries can be devastating. You could suffer partial or total paralysis, which may limit your mobility for the rest of your life. It’s your right to seek damages to compensate you for these types of serious injuries.
- Broken and Fractured Bones – Many broken bones may be minor, but they can also be serious. Your compensation will depend on the type of break and whether it can heal fully. In some cases, your broken bone will prevent you from ever functioning the way you once did. You should be compensated for that.
- Amputations – The loss of a limb is an extremely painful and traumatic experience. Not only can you receive compensation for the physical pain and emotional trauma caused by this type of injury, but you can also receive payment for how this injury will forever alter your future.
- Friction Burns – Some burns will be minor, but others will be more severe and could lead to mobility issues, especially if muscles and nerves were damaged. Calculating the extent of your injury will be important in determining your claim’s value.
- Internal Bleeding and Organ Damage – You can’t function without your organs, and you may require surgeries to correct organ damage.
- Wrongful Death – The death of a loved one is always a painful experience, but it’s even worse if the death could have been prevented. You can obtain justice by filing a claim against those responsible. You will be eligible for damages like funeral and burial expenses, loss of consortium, and your pain and suffering.
West Palm Beach Motorcycle Accident FAQ
It’s perfectly normal to have many questions and concerns after a motorcycle crash. We’ve answered a few common questions below, but if you would like more information, please contact our firm so you can speak with a West Palm Beach motorcycle accident lawyer.
Will I be blamed for my motorcycle wreck if I wasn’t wearing a helmet?
If you suffered injuries to your brain, face, or skull, it’s possible that you’ll be found partially responsible because you could have protected yourself by wearing a helmet. However, as long as someone else was partially at fault, you can still seek monetary compensation.
Am I at fault for the accident if my motorcycle was the only vehicle involved?
Not necessarily. A single-vehicle motorcycle crash could easily be caused by a road in disrepair or a defective motorcycle part or tire. Just because yours was the only vehicle, it doesn’t necessarily follow that you are to blame for the crash.
Can I seek damages for post-traumatic stress disorder caused by a motorcycle crash?
Yes. PTSD might not be a visible injury, but it can have a dramatic and very real effect on your quality of life all the same. Your settlement should cover the cost of therapy and medication, as well as compensate you for the damage done to your lifestyle, work, and personal relationships.
Contact a West Palm Beach Motorcycle Crash Attorney
The best way to ensure that you get fairly compensated for your motorcycle wreck injuries and damages is to work with the Law Offices of Casey D. Shomo. We take pride in delivering the largest settlements possible to our clients, and we’ll give your claim the care and attention to detail it deserves.
The Law Offices of Casey D. Shomo now serves Palm Beach County, West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Jupiter, Lake Worth, Palm Beach Gardens, Royal Palm Beach, Stuart, and Wellington.
It all starts with a free, no-pressure consultation with a West Palm Beach motorcycle accident lawyer, so give us a call at 561-659-6366 or contact us using the online form on this page.