7 Factors That Impact Victory in a Miami Bike Accident Case

Photo From vivolawyer

Originally Posted On: https://www.vivolawyer.com/2020/04/15/7-factors-that-impact-victory-in-a-bike-accident-case/

What if you could guarantee victory in your Miami bike accident case?

With an accident case, it always feels like a gamble until you hear the verdict. But if you understand all of the factors affecting the outcome, you can ensure you come out on top.

Wondering what those factors are? Here are 7 factors you need to pay special attention to.

1. Who Was At Fault?

While all of these factors are important, some are absolutely vital to your Miami bike accident case. Of these, the most vital factor is who was actually at fault.

If you were at fault in any way (more on this later), it can impact how much of a settlement you get or whether you get any settlement at all. If you can clearly demonstrate that the other party was at fault, though, then your settlement chances are much higher.

How, then, can you prove the fault of the other party? If they received any kind of traffic citation from the Miami police after the accident, that may serve as a key part of your evidence.

You should also collect as much evidence as you can and start doing so as quickly as possible. After all, you are making a case, and the amount and quality of evidence you present can help prove who was at fault.

2. Driver Impairment

Sometimes, it can be difficult to prove the other party was at fault. But if they were impaired in any way, your case becomes a lot easier.

Legally, what would cause a driver to be at fault? Things like alcohol or drug-related impairment are relatively typical, as is sleep-deprivation (this is common among truck drivers).

Less common forms of impairment including failing eyesight, distracted driving (such as texting while driving), and many other factors. A police citation can help provide evidence of the driver’s impairment.

If you have a strong case regarding impairment, you are likely to get a good amount of money from the settlement. However, this may happen out of court because an impaired driver does not want to publicly damage their reputation.

3. Whether You Were Also At Fault

We have focused a lot so far on the other party being at fault. But a major factor you must contend with is whether you were, even partially, also at fault.

As a Miami biker, you might have failed to notice a changing traffic signal. If you biked across a crowded intersection in Miami when you were not supposed to, then you may be entirely at fault.

And as a biker, you may also be subject to impairment. If you were affected by drugs or alcohol or simple distraction, you may be at fault in the event of an accident.

In some cases, you and the other party may both be at fault. In this case, a Miami judge or jury must determine how much of an accident was your fault and how much of it was their fault.

The results of their calculation affect how much (if anything) you get from the settlement.

4. Combination of Injuries, Pain, and Suffering

How do you calculate how much money the other party owes you? While a good attorney can help, you can start adding the amount up on your own.

The first factor is pretty simple: the cost to treat your injuries. You need to see a doctor right after the accident to document your injuries, and this also creates a “paper trail” for your exact medical costs.

The second factor is lost wages. If you have been unable to work for a period of time after the accident, you can easily calculate how much money you missed out on and factor that into the settlement.

The third and final factor is less straightforward: your pain and suffering. This helps you argue that due to any specific pain or suffering (especially anything ongoing), you deserve more than the exact amount of your medical bills and lost wages.

5. Limitations of Insurance

How much can you really get from an insurance settlement? That is largely determined by the limitations of your other party’s insurance.

Let’s say that a person doesn’t really own anything of value. If they get hit with a settlement that exceeds their insurance, they may not be able to pay much beyond that amount.

However, someone who does own a number of assets may be able to pay above and beyond the limits of their insurance. By talking with your lawyer, you can determine the exact settlement amount you should pursue.

6. Thorough Documentation

We’ve touched on this a few times, but let’s be clear: the success or failure of your settlement case largely depends on how thorough your documentation is.

You should take pictures of the accident immediately afterward if possible and record any witness statements. After that, you should go to the doctor to document injuries and tabulate medical costs.

If the Miami police were involved, you’ll want a copy of the police reports. And if the insurance company provides any estimates, you’ll want all of this in writing.

In short, there is no such thing as too much information when it comes to documentation. All of this information can help your attorney make the best possible case for you.

7. Professional Representation

Is it absolutely necessary to hire a Miami attorney when pursuing a personal settlement case in Miami? The answer is “no.” But hiring a lawyer is your best chance to actually win that case and get the amount that you deserve.

An experienced Miami bicycle attorney knows how to take your documentation and turn it into a solid case. Furthermore, they understand the complicated worlds of both insurance companies and the legal system.

And don’t forget that pursuing this case can be tiring and intimidating. It’s always a relief to have someone in your corner fighting to get justice for what happened to you.

Miami Bike Accident Case: Time To Win

Now you know the most important factors in your Miami bike accident case. But do you know who can help you win the highest-possible settlement amount?

Jeffrey A. Vivo is here to represent you and present the best possible case. To see what he can do for you after a Miami bike accident, contact him today!

Information contained on this page is provided by an independent third-party content provider. Frankly and this Site make no warranties or representations in connection therewith. If you are affiliated with this page and would like it removed please contact pressreleases@franklymedia.com