After being involved in a motorcycle accident in Florida, the first thing a person should do after receiving medical attention is get as much information as possible for all of the drivers involved and any witnesses. If law enforcement is at the scene, you should also get contact information for the investigating officer, along with the report number, and as much information from the scene as possible including pictures.
While this information may not seem important at the time, it can ultimately make a difference if the person decides to pursue a motorcycle accident claim at a later time. Once this evidence as been compiled, the individual involved should consult with a Tampa motorcycle accident lawyer who can assist in bringing all of the pieces of evidence together to help the injured individual receive the compensation they deserve. To discuss your case, and the steps you can take to call and schedule a consultation with an injury attorney in Tampa today.
A person can receive a loss of consortium in Florida, meaning that anything that a loved one or partner did around the house, such as maintenance or lawn care, a person can recover for those damages. A person can also recover for the loss of enjoyment of that person or for things that they and their loved one can no longer do together because of the injuries sustained in the motorcycle accident. When somebody is injured in a motorcycle accident, it can affect relationships and entire families. Usually, however, there must be a familial relationship with that person, such as a father, mother, child, husband, or wife, to recover damages.
Somebody injured in a motorcycle accident in Tampa is also entitled to recover all of their medical bills, lost wages, and future lost earning capacity, in addition to recovering for pain and suffering as well as emotional distress. If they see a psychologist or psychiatrist, they can also recover those bills with the help of a motorcycle accident attorney in Tampa.
Contributory negligence is a legal term used to explain how the person who was injured and not necessarily at-fault for the accident, may have contributed in some way to the accident or to their injuries. For example, if someone is not wearing a seatbelt when they are involved in a car accident in Tampa, they can be found contributorily negligent. The fact that they were not wearing a seatbelt can be used to show their injuries are more severe than they would have been had they been acting prudently by wearing a seatbelt.
In Tampa, if a plaintiff is found to be partially at fault for an accident in which he or she suffered injury, their recovery of damages is reduced. For example, when contributory negligence is a factor at trial and the jury renders a verdict of $100,000, they determine the amount of responsibility of each party. If the at-fault driver is deemed 70 percent responsible and the victim is deemed 30 percent responsible, the victim would receive only $70,000 because they do not receive the percentage they are responsible for or that contributed to the negligence.
Impact on Motorcycle Accident Cases
Contributory negligence can affect a person’s case in a negative way because if they contributed to the action or the injuries, whatever verdict amount they would have been entitled to is reduced by the amount that they contributed. If they are partially negligent and they were responsible for 30 percent of the damages in the case, their Tampa motorcycle accident lawyer will not be able to recover the money for 30 percent of the damages in the case.
Contacting an Attorney
When looking for a Tampa motorcycle accident lawyer, a person should look for someone who has relevant experience and knows their way around insurance companies. The attorney should understand how to file a lawsuit and try a case because motorcycle accident cases can result in some severe injuries. Very often, the insurance companies do not want to pay what the case is worth initially, so a person wants to make sure that they have a capable attorney who does not settle for the first offer.
The documents a person needs when meeting with a motorcycle accident attorney includes their driver’s license, proof of insurance, the accident or incident report number, and the name of the law enforcement officer who took the incident report. In addition, they should bring any photographs they have of the damaged vehicles or the injuries sustained by the person involved. They should also have the at-fault’s driver’s name and the at-fault driver’s insurance information.