This Is How To Calculate Your St. Pete Motorcycle Accident Settlement
Michael Babboni
Motorcycle Accidents
St. Pete is a great place to ride motorcycles, especially if you are into touring. The rides around the Green Swamp Encounter off I-75 and The Tail of the Gecko from Florida State Road 62 to County Road 672 attract riders from all over the country for their winding roads and gorgeous scenery. With so many motorcycle riders in the area though, there are more motorcycle accidents.Last year there were 431 motorcycle crashes in Pinellas County alone. Motorcycle accidents can be especially devastating because you are exposed, leading to a higher risk of injury. In the state of Florida, if your motorcycle injuries were the result of someone else’s negligence, you are entitled to compensation for your damages.
Types Of Damages Available After A Florida Motorcycle Accident
After a motorcycle accident, three categories of damages can be awarded. These include:
Economic: Economic damages are those that are easily quantifiable because they have a direct cost. These include things like:
● Bills for medical diagnosis, treatment, and therapy
● Pharmaceutical and accessibility tools costs
● Lost wages, lost benefits, and lost earning capacity
● Cost of transportation to and from medical appointments
● Household services
● Property damage to your motorcycle
Non-Economic: Non-economic damages do not have a direct cost. However, the courts use complex calculations that can assign a monetary value to the damage.
● Pain and suffering
● Emotional distress
● Loss of enjoyment of life
● Loss of consortium
● Scarring and disfigurement
● Disabilities and permanent impairments
Punitive: Punitive damages are issued in the case of gross negligence. For example, if a driver intentionally hits a motorcyclist the courts could award punitive damages.
A motorcycle accident attorney can help you understand what damages are available in your specific case.
How To Calculate Florida Motorcycle Accident Damages
Once you understand what damages are available to you, you will begin calculating those damages. The economic damages will be tallied according to their costs. These will include both present and future costs. Those will then be added to the non-economic damages. The non-economic damages are calculated using several factors including:
● The severity of your injuries from the motorcycle accident
● How your injuries have impacted your ability to work and enjoy your life
● The amount of pain and suffering you are enduring as a result of the accident
● The amount of insurance coverage you and the other driver(s) have purchased
● The liability of the accident
A knowledgeable attorney can help you understand what the Florida courts typically award in a motorcycle accident case like yours.
Florida’s Comparative Fault And Your Motorcycle Damages
The final factor impacting the value of your motorcycle accident damages is comparative fault. Florida uses a comparative fault system, meaning that liability for an accident can fall to one or both of the parties. Typically, the courts look at the unique details of the accident and assign liability depending on what each driver did or did not do. For example, if the driver was running a red light but you didn’t have your turn signal on, the courts may assign them 75% and you 25% liability for the accident. The percentage assigned impacts the amount of your claim settlement. For example, if your claim is worth $100,000 and you are 25% liable for the accident, your settlement is calculated:
The settlement value $100,000 - your liability ($100,000 x 25%) = total settlement value $75,000
With the comparative fault system, the different types of damages available, and the complex calculations, you should always work with an attorney. A motorcycle accident attorney like Michael Babboni will help understand the full value of your motorcycle accident claim. He will also fight for your right to fair compensation. Contact him now to learn what your St. Pete’s motorcycle accident is worth today.