As motorcycle enthusiasts, we understand the thrill and freedom of riding on two wheels. However, we also know that motorcycles can be dangerous, and accidents can happen in the blink of an eye.
If you or a loved one sustained injuries in a motorcycle wreck, it is crucial to seek the help of an experienced motorcycle accident lawyer in Fort Myers.
At The Schiller Kessler Group, we have seen firsthand the consequences that can result from a motorcycle accident. Fortunately, you don’t have to face this stressful period alone.
Get help today by calling or filling out our online contact form to schedule a free case review and start working with a Fort Myers personal injury lawyer.
Why You Should Hire a Motorcycle Accident Lawyer in Fort Myers
Hiring an experienced legal advocate can help alleviate some of the stress you face after a motorcycle accident. Your attorney can help guide you through the legal process and fight for your right to compensation.
A skilled Fort Myers motorcycle accident attorney should know how to handle insurance companies and their adjusters, negotiate with opposing counsel, and build a strong case on your behalf. We will work tirelessly to help ensure you receive fair compensation for the economic and non-economic damages covered under Florida Statutes Chapter 768.
Some of the steps you can expect your lawyer to take when building a case supporting your claim include the following:
- Conducting a comprehensive investigation into your accident
- Collecting evidence supporting your claim
- Interviewing eyewitnesses
- Consulting various experts
- Obtaining a copy of the official police report
- Reviewing your injuries and calculating the full value of your claim
- Filing all the required paperwork for an insurance claim or personal injury lawsuit
- Negotiating with insurance companies or legal representatives for the at-fault party
- Taking your case to court if necessary
If you have been in a motorcycle accident, hiring a motorcycle accident attorney in Fort Myers who focuses on these types of cases is crucial. The aftermath of a motorcycle accident can feel emotionally and financially overwhelming. Do not let insurance adjusters and other drivers take advantage of you.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Be Mindful of All Filing Deadlines When Pursuing Compensation After a Motorcycle Accident
When considering filing a lawsuit after a motorcycle accident, it is important to familiarize yourself with all applicable deadlines. Florida’s statute of limitations for personal injury claims was amended in 2023, and now accident victims generally have two years to seek compensation according to Florida Statute §95.11(3)(a).
The best way to ensure that all deadlines are met in your case and protect your right to pursue damages is by reaching out to an experienced motorcycle accident attorney in Fort Myers as soon as possible after your accident.
An added benefit of hiring a lawyer soon after your accident is that it puts them in the best position to build a strong case supporting your legal claim. Your attorney will be able to speak with witnesses while their memories of the crash are still clear and collect any physical evidence supporting your claim before it can become lost or corrupted.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
How to Choose the Right Fort Myers Motorcycle Accident Attorney
When searching for legal representation after a motorcycle crash, it is important to select a reputable and knowledgeable professional who can guide you through the process. You want someone who has handled cases similar to yours and knows how to navigate the legal system to achieve the best possible outcome.
You want to choose a lawyer with a proven track record of securing favorable outcomes for their clients, both through settlement deals and court rulings. Additionally, you want to choose a lawyer with whom you feel comfortable. It’s important to have a lawyer whom you trust to work in your best interests.
You Need to Consider Costs When Hiring a Motorcycle Accident Lawyer in Fort Myers
Cost comparison is another factor to consider when selecting an attorney. When pursuing a personal injury case, it is important to choose a lawyer who works on a contingency fee basis. What this means is that your lawyer only gets paid if you recover compensation for your losses.
Our reputable motorcycle accident lawyers will never charge you a fee to retain our services or bill you at an hourly rate. Instead, you will be charged a single fee at the conclusion of your case in the form of a fixed percentage of the money you recover from the liable party. This fee will be taken directly from the payout you receive, meaning you never pay anything out of pocket.
This pricing system can alleviate some of the financial burden during an already difficult time and allows us to provide legal representation to any accident victim, regardless of their financial means.
Choosing the right legal advocate can make all the difference in your case’s success and your ability to move forward from this traumatic event with confidence and peace of mind.
Modified Comparative Negligence in Florida
When determining whether you are eligible to pursue compensation after a motorcycle accident in Florida, it’s important to understand that the state operates under a modified comparative negligence rule. What this means is that you can pursue damages even if you were partially to blame for the accident as long as your portion of fault was 50% or less.
However, it is important to note that if you were partially to blame for your injuries, the compensation you can recover will be reduced in relation to your level of liability.
For example, if you are 20% responsible for causing your injuries because you were not wearing a motorcycle helmet, you would only receive 80% of the compensation you were awarded in your claim.
With this example, if your damages totaled $100,000, the most you would be able to recover from the primarily liable party would be $80,000.
Damages Available Through a Motorcycle Accident Lawsuit in Fort Myers
After suffering a serious injury in a Fort Myers motorcycle accident, there are a variety of damages you will likely be eligible to recover from the liable party.
Determining the specific damages that apply is critical for recovering the full value of your claim. An experienced lawyer can help you identify all the damages you are eligible to pursue.
The compensatory damages that can be recovered through a lawsuit are divided into the subcategories of economic and non-economic damages.
Economic Damages
Economic damages cover all the losses you sustained as a result of your accident that had an impact on your financial situation. These damages include both money you were compelled to spend and income you were unable to earn because of your accident. They are meant to compensate you for your losses, dollar for dollar.
In addition to recovering compensation for the losses you have already sustained, you can also collect economic damages for projected future losses related to your accident.
Some of the economic damages most frequently awarded in these cases include:
- Lost wages
- Diminished earning capacity
- Property damage
- Medical expenses
- Future medical costs
- Costs for modifying your home or vehicle to accommodate a disability
Non-Economic Damages
In addition to recovering compensation for your financial losses through economic damages, you can also pursue compensation for losses that affect your quality of life in the form of non-economic damages. Non-economic damages are often profound and can have a lasting impact that affects your enjoyment of life for years to come.
Because of the significant effect these damages can have on your life, the compensation awarded for these losses tends to be substantial, in many cases accounting for the largest portion of the money you can recover through a motorcycle accident lawsuit.
Some of the non-economic damages most frequently awarded in these cases include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of companionship
- Permanent disability
- Scarring and disfigurement
Punitive Damages
In addition to compensatory damages, the circumstances of your case may also allow you to pursue punitive damages. Rather than compensate you for the losses you sustained as a result of your accident, punitive damages are used to punish the liable party for their actions and deter similar behavior in the future.
Punitive damages are only awarded in a small percentage of cases. To qualify, the liable party must have been criminally negligent or acted with the intention of causing harm. An experienced Fort Myers motorcycle accident lawyer can help investigate your case to determine whether or not you are eligible to pursue punitive damages.
Be Careful When Dealing With Insurance Adjusters After a Motorcycle Accident
Proceed with caution when dealing with an insurance adjuster after a motorcycle accident. While insurance companies may seem friendly, they are for-profit companies that seek to minimize their costs and maximize their profits.
Insurance adjusters are taught a wide range of tricks to use against claimants in an attempt to deny or devalue their claims. It’s important to realize that insurance adjusters have a lot more experience with these situations than you do and that you need to hire a knowledgeable attorney to help protect you against their predatory practices.
You should decline to speak with any insurance representative until you have hired an experienced lawyer. Once you have legal representation, the insurer will be barred from contacting you directly and will instead need to communicate through your attorney. Having an attorney will level the playing field and give you a much better chance at a favorable outcome.
Taking Precautions to Prevent Motorcycle Accidents and Minimize Injuries
While every accident is unique, many are preventable with proper precautions. Taking these steps can help you avoid common injuries caused by motorcycle accidents. Preventative measures you can take include:
- Wearing protective gear: Helmets, gloves, and sturdy clothing can help protect you in an accident.
- Staying visible: Use reflective tape or wear brightly colored clothing to increase visibility.
- Following traffic laws: Obeying traffic signals and speed limits can help reduce your risk of an accident.
We also recommend that you contact the police and seek treatment for your injuries. At The Schiller Kessler Group, we understand the traumatic pain and suffering that comes from being involved in a motorcycle accident.
If you find yourself in this situation, seeking legal advice as soon as possible is important. Our experienced motorcycle accident attorneys in Fort Myers are here to help guide you through the process and fight for your rights.
Most Motorcycle Accident Cases Are Resolved Through Out-of-Court Settlements
The majority of motorcycle accident lawsuits never go to court. That is because it is typically in the best interest of both parties to reach a settlement deal. Reaching a settlement deal can help you get the money you need far more quickly than would be possible if your case goes to trial.
The liable party may be motivated to settle your case for a variety of reasons, including avoiding additional court costs and a more expensive verdict, as well as any unwanted media coverage.
However, it is important to remember that you should still prepare your case as though you are going to trial. Settlement negotiations can always fall apart, making a trial necessary. Furthermore, by demonstrating that you are ready and willing to go to court, you will gain leverage during settlement negotiations.
Schedule a Free Consultation With One of Our Motorcycle Accident Attorneys in Fort Myers Today
Motorcycle accidents can be devastating and life-altering, resulting in serious injuries or death. If you sustained injuries in a motorcycle accident, it is crucial to seek the guidance of a dedicated law firm that specializes in cases like yours.
A Fort Myers motorcycle accident attorney from The Schiller Kessler Group can help you pursue the compensation you need and deserve.
We will work tirelessly on your behalf to investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
By hiring us to take on your case, you can focus on recovering from your injuries while we handle the legal aspects of your case. Get started by calling or filling out our online contact form to schedule a free case evaluation.
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