What should I do if the at-fault driver’s insurance coverage is insufficient?
Uninsured and underinsured motorist (UM/UIM) coverage on your own auto or motorcycle policy can bridge the gap when the at-fault driver’s coverage is not enough to compensate you fully. We review all available policies to identify every source of recovery and maximize your total compensation.
What if I was partially at fault for the crash?
Florida’s comparative negligence system allows you to recover compensation even if you share some fault. Your award is reduced by your percentage of responsibility. An experienced attorney works to minimize the fault attributed to you and to counter the rider bias that insurance companies sometimes exploit.
How long do I have to file a motorcycle accident lawsuit in Florida?
The statute of limitations for personal injury claims in Florida is generally two years from the date of the accident. Wrongful death claims carry a two-year deadline from the date of death. Missing these deadlines bars your claim entirely, and critical evidence may be lost if you wait too long to involve an attorney.
Can the insurance company reduce my claim because I was not wearing a helmet?
Florida law allows riders over 21 with qualifying medical coverage to ride without a helmet. While insurance companies sometimes argue that helmet non-use contributed to or worsened head injuries, an experienced attorney can counter this argument with medical evidence establishing the actual nature and mechanism of the injuries sustained.
Are motorcycle accident claims handled differently from car accident claims in Florida?
Yes, and the differences are significant. Motorcyclists are not covered by PIP insurance in Florida, which means injured riders pursue compensation directly through the at-fault driver’s insurance. There is no no-fault safety net to cover initial medical bills. This makes establishing fault and proving the other driver’s negligence the central focus of every motorcycle claim […]
How long do I have to file a negligent security claim?
Under Florida Statutes Section 95.11, the statute of limitations for personal injury claims, including negligent security cases, is generally two years from the date of the incident. Acting promptly is essential because surveillance footage and other evidence can be destroyed or overwritten within days.
Does the criminal also need to be identified for me to file a civil claim?
No. A negligent security claim is a civil case against the property owner, not the criminal. You can pursue a negligent security claim even if the person who attacked you was never identified or apprehended. The focus of the civil claim is on the property owner’s failure to provide adequate security, not on the identity […]
What types of properties can be held liable?
Any property where the owner has a duty to provide reasonable security, including apartment complexes, hotels, shopping centers, parking garages, nightclubs, bars, office buildings, hospitals, college campuses, and other commercial and residential properties.
How do you prove a property owner should have known about the crime risk?
Foreseeability is established through prior crime reports on or near the property, police call histories, crime statistics for the surrounding area, the nature of the business (such as bars or late-night establishments), and expert security testimony about what the property owner should have recognized as a foreseeable risk.
What is negligent security?
Negligent security occurs when a property owner fails to provide reasonable security measures and someone is attacked, assaulted, robbed, or otherwise harmed by criminal activity on the property as a result. The property owner is held civilly liable for the victim’s injuries because their security failure contributed to the harm.
