If hurt in a crash while operating a motorcycle, victims in Pompano Beach can sue for compensatory damages.
The timeline of every motorcycle accident claim starts with a crash. From the moment an accident happens, victims can begin gathering and building evidence. This is done by documenting an accident through medical and police records. Once a case is sound, victims can sue for compensation in Pompano Beach. If negotiations are successful, victims might be able to settle without going to trial. Claims might be delayed for numerous reasons, including disputes over fault and stubborn defendants. Each motorcycle accident case is different and might take weeks, months, or years.
Contact the Pompano Beach motorcycle accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. by calling (954) 751-4258, and schedule a free analysis of your case today.
Timeline of a Motorcycle Accident Lawsuit in Pompano Beach
Most lawsuits that arise from motorcycle accidents follow a similar timeline. All begin with an accident occurring. Then, evidence is gathered in the following days and weeks. Next, the claim will be filed. If negotiations are successful, victims might be able to reach a settlement without going to trial in Pompano Beach.
The timeline of your motorcycle accident case will start the moment you are injured because of a negligent party in Pompano Beach. While you are still at the accident location, speak with law enforcement officers from the Broward County Sheriff’s Office. Do not leave the accident site, unless you need medical care, before you have made your identity known to police officers. If your injuries are in need of immediate medical attention, law enforcement can learn your identity from your vehicle information or later, from our motorcycle accident lawyers. We can get in touch with local police and provide them with the additional information they might need about an incident while you are in the hospital. Once an accident happens, the next steps often follow in quick succession.
Evidence is Gathered
Once our attorneys have confirmed that you have a valid claim, we will gather evidence that can strengthen your case. This process typically starts by assessing the information provided by police officers in a crash report. By reviewing these reports, you can learn the precise location and time of a motorcycle accident. This can allow victims to get footage from nearby security cameras. Crash reports might also include the names of eyewitnesses who can provide statements in support of a victim’s claim. Our lawyers will also begin compiling your medical records and having them reviewed by medical experts who might be able to testify to the severity and possible cause of your injuries in Pompano Beach.
Claim is Filed
After it is evident, based on the evidence gathered, that a victim has reason to bring a claim, they can do so. All motorcycle accident cases must be brought within two years of the incident occurring in Pompano Beach. This comes as a recent change to the statute of limitations, which was previously four years. Motorcycle accidents are not covered by personal injury protection insurance in Florida. Depending on the policy limits of a negligent party’s liability insurance, filing a lawsuit might be the primary way for victims to recover suitable compensation following a motorcycle crash.
Settlement is Reached
When there is considerable evidence of a defendant’s fault, they might be more willing to settle at a higher amount. Settlements require negotiations and, in many cases, concessions. That does not mean, however, that a settlement cannot be favorable to a motorcycle accident victim in Pompano Beach.
That said, victims should not allow themselves to be short-changed. If the evidence you have is sufficient to meet the burden of proof against the defendant, you can go to trial for the chance of claiming even greater damages than what might have been available in a settlement. Even the threat of going to court can be enough leverage to convince a defendant to settle a higher amount. From the time that you file your claim to the time you walk away with compensatory damages, months or years might have passed.
Factors that Might Delay a Pompano Beach Motorcycle Accident Claim
There are many factors that might impact the length of a motorcycle accident case in Pompano Beach. Common reasons for delays include disputes over fault, time-consuming settlement negotiations, and lengthy trials.
Disputes Over Fault
When a motorcyclist is injured, many automatically assume they are to blame. If it is instead another driver’s fault, it is important that a victim is capable of proving that, as failure to might delay or derail their claim. This often happens regarding the allocation of damages. When victims are found to be partially at fault for their damages, their compensation is reduced. In Pompano Beach, a victim found to be more at fault than a defendant is barred from recovery entirely.
Lengthy Settlement Negotiations
Defendants that are unwilling to settle at an amount that appropriately reflects the damages incurred by a victim might delay the recovery process. Settlement negotiations might be dragged on for months in the hope that a victim will get frustrated and settle at a lower amount. Our lawyers can identify when settlements are not progressing and proceed with a trial instead of continuing to engage in fruitless discussions.
Going to Trial
While going to trial often ends in a positive result for victims, it can take some time. This is especially true if victims negotiate with defendants before choosing to go to court. It might be several months before your case reaches the docket in Pompano Beach. Because of this, motorcycle accident victims should do their best to remain patient and aid their attorneys in preparing a case that is capable of winning at trial.
Get Compensation for Your Motorcycle Accident in Pompano Beach
Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 and get a free case assessment from our motorcycle accident lawyers today.