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What are the typical issues that I will face in making a claim for my injuries?
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- A claim made against another driver or vehicle owner is called a "tort claim." It is usually based upon the concept of carelessness or negligence, although it can also be based upon an intentional or reckless act. The person who is at fault for causing the accident is referred to as the "tortfeasor" or "defendant."
Lawyers and insurance adjusters know that the three categories of issues that typically arise in a tort claim after a motorcycle accident are the following:
- Liability;
- Damages; and
- Insurance Coverage.
Liability refers to the question of who is at fault and to what degree. Florida is a comparative fault state, meaning that your recovery can be reduced by the percent of your own comparative fault. The insurance company representing the person who caused the accident obviously wants to minimize or eliminate the fault of its driver and maximize your degree of comparative fault.
Damages refers to the injuries or losses that were caused by the accident. Damages include past medical bills, future medical bills that you are reasonably certain to incur, past lost wages, future loss of earning capacity, and past and future amounts for the pain, mental suffering, loss of enjoyment of life, and other elements of damages.
Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several insurance policies are responsible for paying your damages. There are also efforts by the insurance companies to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved, there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent and experienced attorney.
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Call us at The Law Offices of Joseph LoRusso for your free case review today at (866) Joe- LoLaw / (866)563-5652.
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