What To Do After A Motorcycle Accident.

Being involved in a motorcycle accident can be traumatic and overwhelming. In the moments following a crash, it’s easy to feel disoriented or unsure of what to do next. At McGRATH GIBSON LAW, our experienced Jacksonville motorcycle accident lawyers want you to be informed and prepared to take the right steps to protect both your health and your legal rights.

Your first priority after any accident should be medical attention. If you or a passenger has sustained serious injuries, call 911 immediately and go to the nearest emergency room. However, even if your injuries appear minor—or if you feel “fine”—you should still be examined by a licensed medical professional. Florida law requires that accident victims seek medical treatment within 14 days of the crash in order to qualify for personal injury protection (PIP) benefits. Delaying or skipping this step could result in the insurance company denying your medical claims, even if injuries become apparent later.

When The Other Driver Tries To Blame You.

Motorcycle accident injuries are often severe and, in many cases, life-altering. These accidents can lead to extensive medical treatment, long-term rehabilitation, loss of income, and emotional trauma. As a result, damage claims from motorcycle accidents tend to be substantial, and insurance companies know this. To protect their bottom line, they often attempt to shift partial or full blame onto the rider in an effort to reduce or deny their financial responsibility. That’s why having experienced Jacksonville motorcycle accident lawyers from McGRATH GIBSON LAW on your side is crucial.

We are well-versed in the tactics insurance companies use and fully understand how to counter them using Florida’s motor vehicle accident laws, including comparative negligence and no-fault insurance statutes. These laws can significantly impact the outcome of your claim and your ability to receive full compensation.

Florida’s Comparative Negligence Law

Under Florida Statute 768.81, more than one party can be held legally responsible for an accident. This legal concept is known as comparative negligence. For example, if you were speeding through an intersection and a driver made a left turn across your path, their insurance company might argue that you were partially at fault, say, 30% responsible due to your speed. If the court agrees, your compensation would be reduced by that same percentage. So, a $100,000 award would be reduced to $70,000.

Even more importantly, under Florida’s modified comparative negligence rules, if you are found more than 50% at fault, you may be barred from recovering any compensation at all. This makes it critically important to have skilled Jacksonville motorcycle accident lawyers in your corner to challenge these claims and protect your rights.

Florida’s No-Fault Insurance Law

Florida is also a no-fault insurance state, which means that after any motor vehicle accident, including a motorcycle crash, injured parties must first turn to their own insurance provider for compensation. This system is outlined in Florida Statute 627.7407, and it requires all drivers to carry Personal Injury Protection (PIP) coverage. Most Florida drivers only carry the minimum required amount of $10,000.

Even if another driver was clearly at fault, you are required by law to first use your own PIP coverage before seeking additional compensation. However, if your injuries and losses exceed the limits of your PIP policy, which is very likely in a serious motorcycle accident, you may then pursue a claim against the at-fault driver’s insurance company for the remaining damages, including medical expenses, lost wages, pain and suffering, and property damage.

At McGRATH GIBSON LAW, our Jacksonville motorcycle accident lawyers understand the intricacies of Florida law and know how to present the facts of your case in a way that ensures you receive every dollar you’re entitled to. From investigating fault and gathering medical evidence to negotiating with insurance adjusters and, if necessary, taking your case to court, we fight aggressively to protect your rights.

If you or a loved one has been involved in a motorcycle accident, don’t try to navigate these complex legal issues alone. Speak with our Jacksonville motorcycle accident lawyers today for a free, no-obligation case review. If we represent you, there are no out-of-pocket costs and we only get paid when you get paid.

At McGRATH GIBSON LAW, our experienced Jacksonville motorcycle accident lawyers are highly skilled at identifying the full scope of damages that motorcycle accident victims are legally entitled to claim under Florida law. Many of our clients are initially unaware of the full range of compensation they may qualify for. That’s why our team takes a comprehensive approach, carefully evaluating how your accident has impacted your health, livelihood, finances, and overall quality of life, both now and in the future.

When building your case, we explore every avenue of recovery to ensure that no form of loss goes unaddressed. Below are key categories of damages our Jacksonville motorcycle accident lawyers consider when preparing and negotiating claims:

Pain and Suffering: Motorcycle accidents often result in severe physical pain as well as emotional trauma. You may be entitled to compensation not only for the physical pain caused by your injuries, but also for ongoing or permanent conditions, psychological distress, anxiety, depression, and loss of enjoyment of life. These non-economic damages are a crucial part of a comprehensive claim and require expert documentation and argumentation, something we excel at.

Medical Care Costs: Motorcycle accident victims frequently suffer catastrophic injuries that require extensive medical treatment, surgery, and rehabilitation. Our Jacksonville motorcycle accident lawyers assess all medical-related expenses, including emergency care, hospital stays, follow-up appointments, physical therapy, medications, assistive devices, and anticipated future medical care. We also factor in related costs such as medical transportation and home modifications required as a result of permanent disabilities.

Loss of Personal Property: You are entitled to compensation for any personal property damaged in the accident. This includes not only your motorcycle, but also gear such as helmets, protective clothing, and any personal items that were being transported. We ensure that all property losses are properly evaluated and documented as part of your claim.

Loss of Income: One of the most overlooked areas of compensation is lost wages. Many accident victims are unable to work while recovering from their injuries, some temporarily and others permanently. We calculate all income lost from the date of the accident forward, including wages, bonuses, and lost earning capacity due to reduced physical ability or a necessary change in career. Whether your recovery takes weeks or prevents you from ever returning to your prior job, we pursue full compensation for these financial impacts.

Punitive Damages: In cases where the other party’s behavior was exceptionally reckless, such as excessive speeding, driving under the influence, or extreme negligence, you may also be entitled to punitive damages. These are additional financial penalties designed to punish the at-fault party and deter similar behavior in the future. Our attorneys know how to build strong arguments for these high-level damages when applicable.

At McGRATH GIBSON LAW, our Jacksonville motorcycle accident lawyers leave no detail overlooked. We fight for the maximum compensation available and know how to build cases that insurance companies take seriously.

If you or a loved one has been involved in a motorcycle accident, contact our Jacksonville motorcycle accident lawyers today for a free case review. There are no out-of-pocket costs and we only get paid when you get paid.

How Long Does It Take To Receive Compensation?

One of the most frequently asked questions we receive is: “How long will it take to receive compensation?” The truth is, the timeline can vary significantly depending on the complexity of your case, the severity of injuries, the willingness of the insurance company to negotiate, and whether litigation becomes necessary. At McGRATH GIBSON LAW, our experienced Jacksonville motorcycle accident lawyers are committed to resolving your case as efficiently as possible, without compromising the full value of your claim.

In many cases, the fastest way to receive compensation is through a negotiated settlement. When liability is clear and both parties are cooperative, we are often able to reach a fair settlement that fully accounts for medical bills, pain and suffering, lost income, and other damages. Once an agreement is reached, the required paperwork can typically be completed, and funds disbursed within 60 to 90 days. This is the most efficient path to resolution, and it remains our first goal in every case.

However, when injuries are catastrophic or damages are substantial, insurance companies may become more resistant. It’s not uncommon for them to stall, dispute the severity of injuries, or attempt to shift blame in order to reduce their financial liability. When these tactics arise, our Jacksonville motorcycle accident lawyers are fully prepared to take your case to court.

Litigation adds time to the process. Filing a lawsuit involves pre-trial motions, the discovery phase, depositions, expert testimonies, and ultimately, a court date, which could be scheduled months out depending on the court’s docket. Insurance companies may also use delaying tactics, and even after a trial verdict is reached, either party has up to nine weeks to file post-trial motions. They may request a new trial or appeal to a higher court, further extending the process.

Although litigation is often slower, it is sometimes the only route to recover the full compensation you are legally entitled to. Our Jacksonville motorcycle accident lawyers do not back down from courtroom battles. We prepare every case as though it will go to trial, building strong, evidence-based claims that put pressure on insurers to settle fairly or fight us and possibly lose in court.

At McGRATH GIBSON LAW, our objective is always to act in your best interest. We tailor our legal strategy to the unique facts of your case, balancing the need for fair compensation with the urgency of your financial and medical needs. Whether through aggressive negotiation or powerful courtroom advocacy, we fight to recover every dollar you deserve as quickly and efficiently as possible.

When to Accept a Settlement Check After a Motorcycle Accident.

Accepting a settlement after a motorcycle accident is a major decision, one that should never be taken lightly. Insurance companies may present what seems like a generous offer soon after the accident, hoping that you’ll accept quickly and waive your right to pursue further compensation. However, before agreeing to any financial settlement or signing legal documents, it’s critical to understand that the insurance company is protecting its own interests, not yours.

Most motorcycle accident victims are unfamiliar with Florida’s complex personal injury, motor vehicle, and insurance laws. And many don’t realize the full extent of damages they are legally entitled to claim. As a result, they may accept an offer that doesn’t come close to covering the true cost of their injuries, lost wages, ongoing medical care, or future needs.

At McGRATH GIBSON LAW, our experienced Jacksonville motorcycle accident lawyers strongly recommend consulting with legal counsel before agreeing to any settlement. We represent motorcycle accident victims every day and have a deep understanding of Florida law. Our team is skilled in accurately evaluating all categories of damages, including medical expenses, pain and suffering, property damage, rehabilitation costs, loss of income, and loss of future earning capacity.

We will guide you through your options and help you determine whether a proposed settlement truly reflects the full impact the accident has had and will continue to have on your life. Our Jacksonville motorcycle accident lawyers use court-recognized methods for calculating claims, and we know how to present a well-documented, persuasive demand to the insurance company. When we’re involved, insurers know they’re negotiating with professionals who are fully prepared to take a case to court if necessary.

By choosing legal representation, you level the playing field. Insurance companies are far less likely to undervalue your claim when they know you’re represented by experienced attorneys who understand the law and are ready to fight for full and fair compensation.

If you or a loved one has been offered a settlement or is navigating the aftermath of a motorcycle accident, don’t go it alone. Contact our Jacksonville motorcycle accident lawyers at McGRATH GIBSON LAW for a free, no-obligation consultation. We’ll review your situation, explain your rights, and help you make an informed decision. And there are no out-of-pocket costs for our representation. We only get paid when you get paid.