Can I File a Lawsuit for Punitive Damages After a Motorbike Accident?
If the person or entity whose negligence caused your motorcycle accident acted intentionally or egregiously, you could be awarded punitive damages. Recovering these types of damages is rare since they are intended to penalize the at-fault party. A jury will award them in your case if they find the at-fault party was grossly negligent.
Your motorcycle accident lawyer will determine the value of your case and inform you of the types of damages you can seek. They will also explain when you can seek punitive damages in a motorcycle accident lawsuit and how they prove you deserve compensation.
What You Need to Know About Punitive Damages in Motorcycle Accident Lawsuits
On your own, it can be difficult to understand when motorcycle accident claims can include punitive damages. Your personal injury attorney will explain when they are available and how they are calculated. To understand when they are warranted, you should be aware of the following factors:
- Punitive damages are awarded by the trier of fact in your lawsuit, according to Florida Statutes § 768.72
- Punitive damages are capped at either three times the compensatory damages or $500,000 according to Florida Statutes § 768.73
Motorcycle accident injury lawyers fight for justice for their clients by seeking a fair settlement. Their guidance and direction can mean you can focus your attention on your medical care.
The Benefits of Hiring a Motorcycle Accident Lawyer When Seeking Punitive Damages
A personal injury lawyer can assess your recoverable damages, including determining whether your case may qualify for punitive damages. Additional ways they can benefit your case include:
- Handling written and verbal communication with the insurance adjuster
- Investigating the accident in detail, including obtaining supporting evidence
- Negotiating for a fair and acceptable financial settlement with the insurer
- Representing you in court, if a settlement agreement cannot be reached
You do not have to manage all the details of your case alone or wonder about its outcome. Your legal team will provide you with ongoing updates as your case develops and progresses.
Compensatory Damages You Can Recover in a Motorcycle Accident Case
Punitive damages are only one form of motorcycle accident compensation. You can also request compensatory damages for your economic and non-economic damages. The economic damages that could be awarded after a motorcycle accident include:
- Medical expenses, including emergency room fees, hospital stays, assistive medical devices, and rehabilitation and therapy
- Lost wages, including full and part-time income, freelance and gig economy income, and loss of future earning potential
- The costs of repairing your motorcycle or replacing one that was deemed a total loss
Your non-economic damages can include:
- Scarring and disfigurement
- Emotional trauma
- Mental anguish
- Physical pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Reduced quality of life
Compensation for motorcycle crashes can also include fort lauderdale wrongful death lawyer damages if your family experienced the loss of a loved one. Your attorney will explain which family members can file a wrongful death action and recover compensation.
Motorcycle Accident Filing Deadlines That Affect Punitive and Compensatory Damages
In Florida, the filing deadline for motorcycle accident lawsuits is generally two years, according to Florida Statutes § 95.11. Meeting the filing deadline is critical since missing it could prevent you from filing your lawsuit at all.
If your lawsuit is not filed on time, it could prevent you from compelling the at-fault driver to compensate you or from recovering any damages. Florida motorcycle accident attorneys have familiarity with the statute of limitations. They will also explain how the filing deadline can fluctuate based on Florida Statutes § 95.051.
The Role of Negligence in Recovering Damages for Motorcycle Accidents
Legal remedies for fort lauderdale motorcycle accidents lawyer can include pursuing damages from the at-fault party. Before you can recover the damages you’re owed, you are required to prove the accident was the result of the at-fault party’s negligence. This means proving:
- The at-fault driver owed you a duty of care
- The at-fault driver breached their legal duty
- Their breach was the cause of the accident
- The accident caused you to suffer damages
Your lawyer will explain the steps your law firm will take to prove negligence in your motorcycle accident. They will also build a compelling evidence collection that indicates fault, financial liability, and costs you incurred, including medical treatment records and bills, salary history records, lay and expert witness statements, and accident scene and injury photos.
Learn More About Recovering Punitive Damages After a Motorcycle Accident
If you or a loved one is a west palm beach motorcycle accident lawyer victim, you could be entitled to multiple forms of financial compensation. Our results-driven legal team will explain when you can seek punitive damages in a motorcycle accident lawsuit.
Contact our client consultation team to learn more about your financial recovery options and how you can benefit from our legal representation. You can reach the Law Offices of Wolf & Pravato at (954) 633-8270 today.
