If you were injured while riding your scooter and another motorist’s negligence was the cause, our Miami scooter injury lawyers could help you build a compensation case.
Driver error is one of the leading causes of scooter accidents. This is supported by the Centers for Disease Control and Prevention (CDC) reporting that scooter users are “vulnerable” road users. There is limited protection for users of two-wheeled transportation when a crash happens.
Often, the consequences are severe, resulting in serious, long-term injuries requiring extensive medical treatments. If your insurance is not enough to cover your losses, what are your options?
Should I File an Injury Claim in the Civil Court or Through My Insurer?
Being involved in an accident can be an extremely traumatic experience physically, financially, and emotionally. If your injuries are serious, you could have concerns about how best to proceed with your compensation claim.
Several options are available to you after a scooter accident. First, suppose you have sufficient coverage for your financial recovery. In that case, you could file a claim with your insurer. An insurance settlement will only pay for a percentage of your medical bills and lost wages up to a set limit, though.
If any of the following applies to your case, legal advice could benefit you:
- The accident involves multiple parties
- You sustained serious injuries
- Your losses exceed the maximum limit of coverage under your insurer
- Your injuries are long term and affect the way you live and work
- The other driver was negligent
- The other driver did not have insurance or was underinsured
A personal injury lawsuit provides additional compensation for damages such as lost earning capacity or emotional distress. This results in a higher settlement than a simple insurance claim. In short, the most suitable options for your financial recovery depend on your unique circumstances.
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What Compensation Is Available in a Scooter Injury Lawsuit?
Compensation in scooter accident lawsuits is determined on a case-by-case basis. Therefore, your settlement or verdict will depend on the circumstances of the accident and the severity of your injuries. Financial awards can be granted for:
- Lost wages and future income if your injuries affect your employment
- Current and ongoing medical bills and rehabilitation costs
- Pain, suffering, and inconvenience
- Decreased quality of life
- Damage to your scooter and other property damage
If the accident caused the tragic loss of a loved one, surviving beneficiaries of the deceased could file a wrongful death lawsuit to recover damages for:
- The loss of a loved one’s companionship, protection, and guidance
- The loss of support and services provided to family members
- Medical and funeral expenses
- Lost wages, benefits, and other earnings
- Other costs related to the accident
While compensation can replace a loved one, it can help ease the financial strain placed on a family at this most difficult time. Your lawyer can explain how the law may apply to your specific situation.
Chalik & Chalik Scooter Injury Lawyer Near Me (305) 944-2035
How Can My Miami-Based Lawyer Help with My Scooter Accident Case?
Proving liability is largely dependent on the quantity and quality of evidence you have to support your case. The process we use to help our clients involves several stages:
To identify potentially liable parties, we investigate the cause of the accident to determine its cause. This may involve:
- Gathering and analyzing police reports
- Witness statements
- CCTV footage
- Photographs of the scene
From the investigation, we can identify who is responsible for the accident. Bear in mind, more than one party could be at fault. For example, if a truck driver hit you while they were at work and their employer also contributed to the accident, both driver and haulage company could be liable parties in your case.
Having determined what happened and who is responsible, we will assess how the accident has affected you. The process involves calculating your economic and non-economic damages to arrive at an amount that meets your current and future needs.
To do this, we will gather and examine:
- Medical reports
- Treatment and rehabilitation plans
- Wage slips
- Employment records
Our team also works with medical and financial professionals who could support your case with their expert testimonies.
Negotiation and Litigation
An offer to settle a case can happen at any time. Negotiation typically begins once all the evidence has been disclosed between both parties. Our goal is to ensure your settlement offer is an accurate reflection of the compensation you deserve. We can advise you on whether to accept or reject an offer, although the decision is always yours to make.
Accepting an offer will mean there is no opportunity to reopen the claim. As such, you must have a doctor fully diagnose your medical symptoms. You could also wait until the point in your recovery where your symptoms will not worsen.
If we cannot negotiate a settlement, we will present your case at trial. This is a reasonably rare occurrence, however. In our experience, most claims are resolved before this point. This can help to make the legal process faster.
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Time Is Essential in a Miami Scooter Injury Lawsuit for Injury Damages
Per Florida Statutes § 95.11(3)(a), injured parties have four years from the date of the accident to begin legal action. If you fail to meet this deadline, the courts will probably not hear your case. Similarly, per Florida Statutes § 95.11(4)(d), surviving beneficiaries in a wrongful death lawsuit have two years to file their case.
While this may seem a considerable amount of time, building a strong case takes time. Further, vital evidence can be forgotten, lost, or destroyed over time. Therefore, seeing legal advice sooner rather than later is beneficial.
For a free legal consultation with a Chalik & Chalik lawyer serving Miami, call (305) 944-2035
Contact Us for a Free Consultation
At Chalik & Chalik Injury Lawyers, we take pride in treating all of our clients like family. When our team takes your case, you work with our partners directly. Our personal injury team’s honest and personal approach benefits our clients and enables us to truly understand the challenges they face.
In doing this, we can most suitably focus our knowledge, experience, and resources on your unique circumstance. To learn more about how we can help, call (305) 944-2035 for a free consultation about your legal options.
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