Motorcycle Accident Lawyer Fort Myers


Fort Myers boasts some amazing weather for driving or riding a motorcycle, but unfortunately, Florida is repeatedly found to be the most dangerous state in the United States when it comes to motorcycle accidents and fatalities. It is important that anyone who operates a motorcycle understands the best methods of defensive driving, how to avoid irresponsible drivers, and other best practices when it comes to making sure that they are doing everything possible to enjoy a safe ride, but sometimes no amount of precaution is enough to avoid an accident.

If you have been involved in an accident while you were driving your motorcycle, and someone else caused the crash, then you will need to file an insurance claim with the other driver’s insurance company as soon as possible after the crash. Dealing with your claim will involve all sorts of other issues, especially if you suffered any sort of significant injuries during the collision. In order to make sure that your claims process goes smoothly, and that you maximize your chances of getting all of the money that you need and deserve as a result of your suffering, contact the team at the Chappell Law Group to schedule a free initial consultation.

During your consultation, you will be able to speak with a Fort Myers motorcycle accident attorney about your situation and the injuries that you have suffered, as well as learn more about how we can help you through this complicated process. Read more below about some things to expect during your claims process, as well as what happens in a negotiation period or full personal injury lawsuit in the Florida court system.

Filing an Insurance Claim After a Motorcycle Accident in Florida

After you have addressed the immediate issues, such as your personal safety and getting any immediate medical attention that you require, one of the next important steps for you to take is to file a claim with the other driver’s insurance company. It is important that you realize that the insurance company does not necessarily have your best interest at heart.  Communicating directly with the insurance company can jeopardize your case. Most clients are unfamiliar with the claims process and legal proceedings, while insurance representatives are schooled in these fields.  This puts you at a distinct disadvantage when it comes to knowledge. Your best course of action is to avoid this potential risk and contact a Fort Myers motorcycle accident attorney at the Chappell Law Group.  After that, the insurance company will assign an insurance adjuster to your case, who will go through the entire situation in order to get an idea of what you should be offered for payment as a result of your injuries. If you have hired an attorney from the Chappell Law Group, then you have an advocate on your side who has the knowledge to avoid common pitfalls and navigate the claims process to maximize your settlement.  Never forget that the insurance adjuster is working on behalf of the insurance company, and is trying to find every possible opportunity to reduce your payment.

Sometimes you will need to undergo an independent medical examination if you are claiming that you have suffered personal injuries.  This is an exam that will be done by a doctor who is working on behalf of the insurance company. This doctor, like the insurance adjuster, is looking for any way that they can save the insurance company money by minimizing your injuries, giving a very one-sided estimate of medical costs, and more.

Working With a Personal Injury Attorney Through A Claims Process

The amount that an insurance company initially offers for damages is never the amount that you actually deserve, and because of Florida’s comparative fault laws, it may be even less than in another state that does not use these laws. Essentially, comparative fault assigns a percentage of responsibility to each driver, and the victim’s award is reduced by the percentage that they were responsible for the accident. For example, if you are entitled to $100,000, but were 25% at fault, then you would be entitled to $75,000 in damages.

The insurance company will make you an offer based on a low estimate of your financial damages, and a high estimate for your fault in the accident. At this point, an experienced motorcycle accident lawyer in Fort Myers will be able to counter their offer, and a period of negotiation will begin. During these negotiations, your attorney will be working directly with the insurance company in order to reach an agreement that fairly compensates you for your injuries, while also accounting for the fact that a lawsuit is costly and time-consuming for all involved, meaning that a settlement sum is generally less than an award in a successful lawsuit.

If your attorney is unable to reach an agreement about a settlement, then the next step is to file a lawsuit in order to seek the amount that you rightfully deserve. After filing initial paperwork with the Florida civil courts, you and your attorney will begin to plan your case.

Calculating Damages in a Florida Motorcycle Accident

There are a lot of different methods that an experienced personal injury attorney will use in order to determine the amount of money that their client deserves after suffering an injury. While these methods themselves may be complicated, the division of damages is relatively simple to understand.

Economic damages are sought in order to compensate a victim for the actual, measurable financial losses and expenses that their injuries have caused. They include things like medical costs, lost wages, and any other actual payments or losses that you have incurred. These are typically calculated by compiling things like income statements, invoices, receipts, and other financial documents to prove your claims.

Non-economic damages are intended to compensate a victim for emotional damages such as the pain and suffering that they endured, depression or sadness that comes with injuries, and more. These types of damages are often more aggressively-contested by the insurance company, but they are just as important.

Finally, you and your attorney will need to work to prove that your fault was minimal in the accident, in order to maximize the amount of money that you are ultimately awarded. There are a variety of methods available to prove this, such as with eyewitness accounts, personal testimony, and possible surveillance in the area of the accident.

Contact Us Today

Each personal injury case is unique, which is why the team at Chappell Law Group takes an individual approach to each client that we work with. While we are focusing on your case, you will be able to prioritize your physical recovery without additional stress, which has been shown to complicate injuries. Contact us now for your free initial consultation, and we can begin fighting for you as soon as possible.

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