Bicycle Accident Injury Claims
Have you been terribly injured after a bike accident in Tampa? Our experienced Tampa Bay bicycle accident attorney is here to help you take on the legal process of filing a bike accident claim so that you can focus your energy on your recovery. Please call us today for a free consultation. In the meantime, read this article about bicycle accident injury claims in Florida.
Bicycle Accident Injury Claims | Florida No-Fault Laws
In Tampa, if you are injured in a bicycle accident, your options to recover damages may be limited by the “No Fault” car insurance law. Tampa follows what is known as the “No-Fault” car insurance law. This means that if you are injured in a bicycle accident, no matter who is at fault for causing the accident, you must first file a No-Fault claim under either your own car insurance policy or the other driver’s car insurance policy if you do not have your own car insurance.
No-Fault insurance will pay accident benefits to you for only a part of your medical expenses, lost wages and other damages. In order for you to file a lawsuit against the other driver to recover legal damages beyond what the No-Fault laws will pay, you must prove that you suffered a permanent or “serious” injury, such as either: significant scarring, disfigurement, loss of a bodily function, death, or where your medical expenses and lost wages are greater than $10,000. Tampa No-Fault insurance filing deadlines are short and require immediate action. Ask your attorney to help you file all necessary No Fault paperwork on time.
Bicycle Accident Injury Claims | Case Value
Overall, the types of damages that may possibly be awarded to you in a Tampa bicycle accident case may include: medical expenses, rehabilitation expenses, lost wages, damages to your bicycle, loss of enjoyment of life, scarring and disfigurement, loss of companionship, emotional distress, disability, and pain and suffering, which is often the largest portion of damages awarded. Fortunately, Tampa does not limit the amount of pain and suffering damages that may be awarded to you.
Also, if there is clear and convincing evidence that the defendant intentionally disregarded a known risk and acted with more than mere negligence in causing your bicycle accident, you may be able to collect additional “punitive” (or punishment) damages.
Please be aware that Tampa follows a “Pure Comparative Negligence” rule. For example, this means that if you were found to be 70% at fault for causing your bicycle accident, then your damage award would be reduced by 70%. This would be defined as your proportion of fault, or “comparative negligence.” Therefore, your personal level of fault, if any, in causing your bicycle accident is a very important part of your case.
Bicycle Accident Injury Claims | Hire a Lawyer
It is very important to hire a Tampa bicycle accident attorney as soon as possible after your accident. In Tampa, bicycle accident cases must be sued against the defendant or defendants who caused the accident within 4 years from the date of the accident. This 4-year period is called the “statute of limitations.” If you fail to sue your case with the court within the 4-year period, your case will be thrown out and you will be unable to obtain either a fair settlement or damage award at trial. If you need a strong and dedicated Tampa bicycle accident attorney, please call us today to schedule a free meeting.