Can Someone Be Personally Sued After a Motorcycle Wreck?

If you were injured in a motorcycle accident caused by negligence, you could be entitled to financial compensation. To obtain it, you can sue someone personally after a motorcycle wreck, either in small claims court or by filing a personal injury lawsuit. By suing the driver or filing an insurance claim, you can recover your medical expenses, lost wages, and more.

You should not bear the financial burden of an accident caused by someone else’s negligence. You could also have compensation options beyond suing the at-fault driver personally. A Fort Lauderdale motorcycle accident lawyer can help you understand and explore your financial recovery options. Most will offer a free review of your case with a team member.

Time Limits for Suing the At-Fault Driver After a Motorcycle Accident

Filing your lawsuit on time is a crucial part of your lawsuit—so crucial that filing your lawsuit too late could mean you cannot file it at all. Missing or misinterpreting the filing deadline could lead to other potential consequences, including:

Having your lawsuit dismissed without its merits ever being heard
Having the at-fault driver’s insurance company refuse to negotiate with you

In general, you have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11. Meeting the statute of limitations on your own can be challenging, though, since:

It can change based on the age of the injured party
Evasive actions taken by the at-fault party

In addition, Florida’s statute of limitations changed from four years to two years in 2023, which can lead to misperceptions and confusion. Research the filing deadline carefully to avoid a potentially costly filing delay.

Proving the At-Fault Driver’s Negligence in Your Motorcycle Wreck

After filing your lawsuit on time and in the appropriate court, the next step is proving the driver was negligent. That means proving the legally required elements of negligence, including:

Duty of care: The at-fault driver’s legal obligation to obey the rules of the road
Breach of duty: The at-fault driver’s violation of their legal duty and obligation
Causation: The link between the at-fault driver’s actions and your accident
Damages: The accident’s economic and non-economic financial consequences

Proving these elements means collecting evidence and building a comprehensive, well-organized case file. It should contain:

Official police report
All medical records
Photos and videos
Accident reconstruction
Witness statements
Expert testimonials
First responder reports

Your case file should also contain proof of your recoverable damages. This typically means employment and salary history records. Include your medical bills and a written prognosis describing your future medical treatment options and costs. It should also include bills or estimates for repairing or replacing your damaged or destroyed motorcycle.

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Types of Damages Motorcycle Accident Victims Can Pursue in Florida

When assessing the value of your injury claim, you need to know what damages are and how they apply to your motorcycle accident case. According to Florida Statutes § 768.81, your recoverable economic (tangible) damages can include:

Past and future medical bills
Past and future lost income
Loss of future earning ability
Property damage or total loss

You can also request a range of non-economic damages. These intangible damages can include:

Emotional distress
Diminished quality of life
Mental anguish
Physical pain and suffering
Permanent disability
Physical disfigurement

These damages can be harder to assess on your own since they are not typically accompanied by bills and receipts. A motorcycle accident attorney can help you assess and document these hard-to-establish forms of compensation.

Seeking Damages for a Fatal Motorcycle Accident on Behalf of Your Loved One

If you lost a family member in a fatal wreck, your family could sue someone personally for your negligence-based loss. Recoverable wrongful death damages can include:

The costs of making your loved one’s final arrangements
Your loss of their financial and household contributions
Your loss of consortium, companionship, and guidance

Nothing can make up for the loss your family has experienced. An unexpected loss can cause sudden financial upheaval, though that could be compensable. Certain family members—typically the decedent’s parents, spouse, and children—can recover damages with a wrongful death insurance claim or lawsuit.

Do You Need a Lawyer to File a Lawsuit After a Motorcycle Wreck in Florida?

Nothing in Florida law requires you to have a lawyer, but without one, you have to manage all the legal aspects of your lawsuit on your own. By hiring a lawyer, you can focus on getting better while they focus on your financial recovery. A personal injury attorney can:

Clarify personal injury and insurance laws
Locate and interview witnesses to the accident
Identify and consult with relevant experts
Accurately assess your recoverable damages
Establish the responsible party’s negligence
Canvass the accident scene for photos and videos
Interpret and comply with the statute of limitations

Most motorcycle accident lawsuits are settled out of court. Instead, they are resolved with an insurance settlement. If you are represented by an attorney, they can communicate with the insurer, negotiate a fair settlement, and keep you updated along the way.

You Can Hire an Injury Lawyer at No Out-of-Pocket Cost to You

No one should go without legal service and support out of fear of its costs. Most personal injury law firms will not request hefty retainers or charge upfront fees. The law firm will:

Cover all the cost of building your case
Receive compensation only if you do

Hiring a lawyer is risk-free. If you do not receive a financial award, you will not owe the law firm any legal or attorney’s fees at all.

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Get Legal Support When You Sue Someone for a Motorcycle Wreck

If you were injured in a motorcycle collision, the at-fault driver could be responsible for compensating you. If you sue someone personally after a motorcycle wreck, you can request a wide range of recoverable damages.

Learn more about your legal options with a free review of your motorcycle accident claim. Contact our consultation team at Chalik & Chalik Injury Lawyers today.

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