How to File a Motorcycle Accident Lawsuit in Florida

If you or a loved one was injured in a motorcycle accident, you can seek compensation from the at-fault driver. Doing so means knowing how to file a motorcycle accident lawsuit in Florida. You will need to prove the driver who hit you was negligent, collect evidence, file your lawsuit, and have it served. You will also need to pay any associated fees upfront and meet the requisite statute of limitations.

You do not have to navigate each of these steps on your own. A Florida motorcycle accident lawyer can guide you through each phase. Personal injury law firms will typically review your potential injury claim at no cost or obligation to you. They can also help you avoid a potentially lengthy and complex court case by negotiating an appropriate and fair settlement. 

Damages Motorcycle Accident Victims Can Seek in a Lawsuit

You can seek multiple types of damages with a motorcycle accident insurance claim or lawsuit. Economic damages are tangible, easily documented, and typically include:

• Past, current, and future medical care
• Past, current, and future income loss
• Loss of the ability to earn in the future
• Property damage, loss, or diminishment

The non-economic damages you request are intangible, harder to assess and document, and can include:

• Lasting physical disability and disfigurement
• Ongoing pain and suffering, and inconvenience
• Mental anguish and emotional distress

You can also get compensation for your loss of enjoyment of life, including the inability to engage in previously enjoyed hobbies, pastimes, and activities.

Wrongful Death Damages Available for Surviving Families

Families who lost a loved one in a fatal motorcycle accident can seek compensation for the costs of their funeral and burial. The at-fault party could also be compelled to compensate you for the loss of their financial and domestic contributions to your family.

By proving the legal parameters of a wrongful death lawsuit, the decedent’s parents, spouse, and children can recover appropriate compensation.

Understanding Florida’s Statute of Limitations for Motorcycle Accident Claims

If you are planning to sue a negligent driver after an accident, you should start making a litigation plan as soon after the accident as possible since you have a limited time to file a lawsuit in Florida. According to Florida Statutes § 95.11, you generally have:

• Two years from the date of the accident to file your personal injury lawsuit
• Two years from the date of demise to file your wrongful death lawsuit

While mandatory and seemingly straightforward, filing your lawsuit on time can be complicated. Potential complications include statute of limitations exceptions found in Florida Statutes § 95.051. In addition, the filing deadline changed in 2023, leading to possible confusion. 

File Your Motorcycle Accident Lawsuit and Have the At-Fault Driver Served 

To file your lawsuit, you have to identify the correct venue. You will also need to complete all required paperwork, including a summons. It will:

• Name the at-fault driver
• Clarify your intent to sue
• Be signed by a court clerk
• Contain the court’s seal

Once complete, a copy must be served to the defendant (the at-fault driver). Serving the defendant is mandatory and must be done by a qualified individual over the age of 18 years old. You have a limited time to have your summons served and must pay any required fees. 

Prove the At-Fault Driver’s Negligence with a Strong Evidence Collection 

Filing a personal injury lawsuit requires evidence that the driver who hit your motorcycle was negligent. That means proving the following elements of negligence:

• Duty of care: The at-fault driver’s obligation to drive in a legal and cautious manner
• Breach of duty: The action taken by the at-fault driver that violates their legal duty
• Causation: Proof of the direct connection between the driver’s action and your accident
• Damages: The post-accident economic, non-economic, and other recoverable damages

These elements can be proven with a solid evidence collection. It should include proof of the at-fault driver’s actions, including:

• Medical records and prognosis
• Accident reconstruction reports
• Accident scene photos and video
• Lay and expert witness statements
• Insurance carrier correspondence
• Police reports, notes, and diagrams
• Motorcycle maintenance records 

Your physical evidence collection should also include proof of the accident’s recoverable damages. Collect your medical bills, proof of income, and motorcycle repair or replacement estimates.

How a Lawyer Can Help with Your Motorcycle Accident Lawsuit in Florida

Filing a lawsuit is a legal process that involves lots of nuances and legal minutiae. You could hire a motorcycle accident attorney who can handle all the details—big and small—so you can focus on getting better. Your lawyer will:

• Investigate your motorcycle crash in detail
• Gather supportive documents 
• Draft and file your case lawsuit
• Pay all court filing and summons fees
• Speak with the insurer on your behalf
• Identify and consult expert witnesses
• Clarify legal language and jargon
• Locate and interview eyewitnesses

A lawyer can also help you avoid going to court by negotiating a motorcycle accident settlement with the liable party or their insurance company. You can get a free review and learn more about what to expect at your first meeting with a personal injury lawyer.

Motorcycle Accident Attorneys Generally Work on a Contingency Fee Basis

Personal injury lawyers often work on a contingency fee basis. That means you don’t have to worry about upfront legal fees or an hourly cost. If you do not recover damages, you will not owe the law firm any payment.

Contact Our Attorneys for Help Filing Your Motorcycle Accident Lawsuit in Florida

If you or a loved one was injured in a motorcycle accident caused by a motor vehicle driver’s negligence, you could recover damages by filing an insurance claim or lawsuit. Our law firm can represent you and build a clear and compelling case for financial compensation.

Find out more about filing an effective motorcycle accident lawsuit in Florida. Contact one of our team members at Chalik & Chalik Injury Lawyers for your free motorcycle accident consultation.