Avoiding Common Mistakes That Could Harm Your Florida Motorcycle Case

If you have been involved in a motorcycle accident in Florida, you may feel overwhelmed, uncertain, or even scared about what comes next. These emotions are entirely valid, and we want to reassure you that you are not alone. Our law firm is here to provide guidance and assistance throughout this challenging time. We understand how daunting it can be to navigate the complexities of a motorcycle accident case, especially when injuries, financial stress, and insurance claims are involved.

To help protect your rights and ensure you have the best chance of a successful outcome, it is important to be aware of common mistakes that could harm your motorcycle accident case. This page aims to educate and inform so you can make the best decisions as you move forward.

Understanding the Impact of Not Seeking Immediate Medical Attention

One of the most significant missteps after a motorcycle accident is delaying medical treatment. Even if you feel fine or believe your injuries are minor, it is essential to seek medical attention as soon as possible. Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not be immediately apparent but can worsen over time if untreated.

Medical records serve as vital evidence in your case, showing that your injuries were directly related to the accident. Failing to seek prompt medical care may give the insurance company an opportunity to argue that your injuries were not severe or were unrelated to the accident, weakening your claim.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Consequences of Not Documenting the Accident Scene

Accident scenes are filled with critical evidence that can support your case, but this evidence can quickly disappear. Skipping the step of documenting the scene can make it harder to prove the other party’s liability. If possible, take photos of the accident scene, your motorcycle, the other vehicle, any visible injuries, and road conditions. Obtain contact information for any witnesses and ask for a copy of the police report.

Accurate documentation can provide clarity about how the accident occurred and help establish fault. Relying solely on memory or incomplete records may hurt your ability to present a strong case.

Why Speaking with Insurance Adjusters Without Guidance Can Be Risky

After a motorcycle accident, you may be contacted by the other party’s insurance company. While it might seem like they are trying to help, their primary goal is to minimize payouts. Speaking with adjusters without proper preparation or legal counsel can lead to unintentional mistakes.

You may inadvertently say something that could be used against you, such as admitting fault or downplaying your injuries. It is always wise to consult with an attorney before speaking to insurance representatives. A legal professional can handle these discussions on your behalf to ensure your rights are protected.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Importance of Following Medical Advice

After seeking medical treatment, it is crucial to follow your doctor’s advice and attend all follow-up appointments. Ignoring medical recommendations or skipping therapy sessions can harm your recovery and your case. Insurance companies may argue that you failed to mitigate your injuries, which could reduce the compensation you receive.

By adhering to your treatment plan, you demonstrate a commitment to your recovery and provide consistent documentation of the extent of your injuries. This evidence can strengthen your claim and increase the likelihood of obtaining a favorable outcome.

Avoiding the Mistake of Accepting the First Settlement Offer

Insurance companies often offer quick settlements to resolve cases for less than they are worth. Accepting the first offer without understanding the full extent of your damages can leave you with inadequate compensation for medical expenses, lost wages, and pain and suffering.

Before agreeing to any settlement, it is important to evaluate all current and future costs associated with the accident. Consulting with an attorney can help you determine whether the offer is fair or if negotiations are necessary to secure a more appropriate amount.

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Understanding the Role of Comparative Negligence in Florida

Florida operates under a comparative negligence system, which means that your compensation may be reduced if you are found partially at fault for the accident. A common mistake is not addressing potential claims of shared liability proactively.

Insurance companies may attempt to assign a higher percentage of fault to you to reduce their payout. An attorney can gather evidence, challenge unfounded claims, and work to minimize your percentage of fault to ensure you receive the compensation you deserve.

Why Waiting Too Long to File a Claim Can Be Harmful

Florida law imposes strict deadlines for filing personal injury claims, including those related to motorcycle accidents. Waiting too long to initiate your case can result in the loss of your right to pursue compensation.

The statute of limitations for most personal injury cases in Florida is generally two years from the date of the accident, but exceptions may apply. It is important to act promptly to preserve evidence, secure witness testimony, and meet all legal deadlines. Delaying can severely impact your case, making it more challenging to achieve a successful result.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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How Legal Representation Can Make a Difference

Navigating a motorcycle accident case alone can be overwhelming, particularly when dealing with insurance companies, medical bills, and legal procedures. Having a knowledgeable attorney on your side can provide clarity, reduce stress, and improve your chances of securing a favorable outcome.

An attorney can investigate the accident, gather evidence, negotiate with insurance companies, and advocate for your rights. They can also help you avoid common pitfalls that may jeopardize your case, ensuring you receive fair compensation for your losses.

Taking the Next Step Toward Justice and Recovery

At Serrano Law, we are dedicated to helping individuals who have been injured in motorcycle accidents navigate the legal process with confidence. If you or a loved one has been involved in a motorcycle accident, we encourage you to reach out for guidance. Our compassionate team understands the challenges you are facing and is here to provide the support and advocacy you need.

Do not let common mistakes stand in the way of obtaining the justice and compensation you deserve. Contact Serrano Law today to discuss your case and learn how we can help you move forward toward a brighter future.

To learn more about this subject click here: Navigating the Legal Process: From Filing to Trial in Florida Motorcycle Cases