Largo Motorcycle Accident FAQ
Q: Can you get pain & suffering damages for a Largo Motorcycle Accident case?
A: Yes! Case precedents in Florida have established you don’t even need to meet a “no-fault threshold” for damages to be awarded pain & suffering damages in Florida (Scherzer). The requirements are different if you were in a car while involved in a motorcycle accident though. Be sure to talk with an experienced motorcycle injury lawyer.
Q: How are pain and suffering calculated in a motorcycle accident case?
A: This is variable based upon circumstances but in many cases, attorneys use a multiplier method to calculate pain & suffering damages in the vent of a motorcycle accident. They use a number between 1.5 and 5, usually chosen based on how severe/debilitating the injury was. They then take that number and multiply it by the cost of repairing the injury to property and person(s.) As an example. If you had medical bills from an accident in the amount of $15,000, and the severity of your injury was just a 3 – not too bad, but requiring medical care – your pain & suffering potential value would be $45,000. Some attorneys use the “per-diem method” where a certain dollar amount (variable -based on employment, cost of living, and other factors are paid for every day the accident affects your life, from incident to recovery.paid for each day from when an accident occurred until you recover.
Q: I heard that Motorcycle Accident settlements are very low in FL – why is that?
A: In most cases, settlement values are lower than say, car or truck accidents, because many car or truck drivers who are at fault have carried lower BIL (Bodily Injury Liability) limits on their insurance policies. Speaking simply, there just isn’t that much money available for us to claim from their insurance policy.
Q: How likely is my case to go to trial vs be settled out of court?
A: We break Motorcycle Accident cases down into 2 forms, “Good” cases, and “Bad” cases. If there’s a good case with clear fault, citations issued, etc – most insurance companies will be willing to settle out of court because they don’t want to risk a high award to the injured party. a “Bad” case might be one that is a bit fuzzier on fault, the extent of damage/injuries, etc. Insurance companies are willing to let those go to court, by offering very low settlements, because the “win rate” is fairly low on those bad cases – it’s a gamble. You can see why it’s so important to talk to a knowledgable motorcycle accident lawyer early on in the process!