Pensacola Motorcycle Accident Lawyer

A motorcycle is no match for a larger vehicle in a crash, so it is not surprising that when motorcycle accidents happen, injuries that result are severe. Motorcyclists often suffer catastrophic injuries, such as spinal cord and brain injuries, and it is not uncommon for injuries to lead to death. Survivors may be left dealing with physical and emotional pain and suffering, and medical, hospital, rehabilitation, and household bills mounting up at a time they are unable to work.

If you or a loved one has been injured or someone has died in a motorcycle accident due to another party’s negligence or fault, you should be entitled to compensation for your losses through insurance or a personal injury lawsuit. However, Florida motorcycle accident claims are complicated, and there is a preconceived notion that motorcyclists are reckless and at-fault for causing accidents. Insurance companies have high-powered lawyers working for them to use this unfair perception to deny or minimize claims, and they will strive to prove that the accident is your fault to avoid paying.

Fortunately, you do not have to fight for fair compensation on your own. There is legal help available from the skilled Pensacola motorcycle accident attorneys at Caldwell Wenzel & Asthana. We know the laws and the tactics insurance companies use, and we are fully prepared to go up against them to win the settlement you deserve.

We offer a free, no-obligation consultation to determine the best way to handle your case, so call us today.

Why Choose Our Motorcycle Accident Lawyers?

After a serious motorcycle accident in Florida, it is especially important to have a skilled attorney working for you, because of the state’s modified comparative negligence rule. This rule reduces compensation based on degree of fault.  If you are found more than 50% at fault for the accident, you may be barred from receiving any compensation at all. As a result, you should look for an attorney who has the essential knowledge, experience, and resources to investigate and prove the other party negligent, negotiate a fair settlement, and litigate your claim if necessary.

Here are some reasons why we feel you should choose Caldwell Wenzel & Asthana to represent you:

• Our seasoned attorneys have the necessary experience. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and a long record of success both in and out of the courtroom.
• We have proven case results getting the largest payouts possible, such as an $8 million medical malpractice case.
• We are highly recommended by many satisfied clients and offer an attorney referral program, receiving referrals from colleagues, past clients, lawyers, and judges.
• We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
• We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

We know Florida laws, the courts and the system. When you have us fighting for you, you will receive the benefit of our legal knowledge and connections as well as the commitment to see your case through to a successful conclusion.

Damages Our Motorcycle Accident Lawyers in Pensacola May Recover

There are a wide range of damage award amounts possible in motorcycle accident cases, from the thousands to millions of dollars, depending on individual circumstances involved. In a successful case, Florida law allows recovery of compensatory damages for all costs and losses you suffered from the accident, including:

Economic damages for your monetary losses, such as:

• Medical and rehabilitation costs
• Modifications to your home or vehicle, such as to accommodate a wheelchair
• Costs to repair or replace your motorcycle and other property damaged
• Lost income and future income.

Non-economic damages that do not have a specific dollar value but negatively impact your quality of life, such as:

• Physical and emotional pain and suffering, depression and anxiety
• Loss of quality of life and consortium
• Permanent disability
• Wrongful death.

In some rare cases you may also receive punitive damages if the defendants acted with reckless disregard for others’ safety or intentional harm.

Pensacola Motorcycle Accident Attorneys Determine Negligence

Determining negligence and liability is extremely important in Florida motorcycle accident case because of the state’s strict contributory negligence rule. To prove negligence, your attorney would have to show the existence of the following legal elements:

• Duty: The defendant owed you a duty not to cause harm.
• Breach: The defendant breached that duty through actions or failure to act.
• Cause: This breach caused the accident that injured you.
• Damages: You suffered damages as a result.

In some situations, there may be multiple parties who contributed to the crash, such as the driver of a car who crashed into you; the manufacturer of a defective motorcycle or its parts; or a municipality or road repair company that left dangerous conditions in the road. Through our investigations, our attorneys would seek to identify all negligent parties who may have insurance or assets that can go toward a settlement.

How Florida’s Insurance Laws Affect Motorcycle Accidents

Florida’s no-fault insurance laws do not apply to motorcycles, and this significantly affects how motorcycle accidents are handled in the state. Motorcyclists are not required to carry Personal Injury Protection (PIP) coverage; and if you do not have PIP, you must seek compensation from the at-fault party’s insurance or through a personal injury lawsuit.

However, if you do not have insurance, you will be held financially responsible for damages you cause in an accident. If you are over 21 and choose not to wear a helmet, you are required to carry at least $10,000 in medical benefits coverage, either through health insurance or a medical payments motorcycle insurance policy.

How Our Pensacola Motorcycle Accident Lawyers Work for You

After a motorcycle accident, it is essential to get legal assistance as soon as possible to avoid making costly mistakes and to start investigations quickly while evidence is still available. When you retain Caldwell Wenzel & Asthana, we begin working for you immediately. We will:

• Meet with you to hear how the accident occurred and determine who the at-fault parties may be and what a fair settlement should be
• Ensure that you get proper medical treatment and that all injuries are documented
• Investigate the accident to gather and preserve evidence, such as from damage to the motorcycle and other vehicles, traffic photos and videos, police reports and medical records, and interviews with witnesses and first responders
• Handle all paperwork and court filings in a timely manner
• Hire experts in accident reconstruction and in life care to determine fault, calculate all damages, and estimate the costs and effects of your injuries into the future
• Handle all communications and negotiations with insurance companies and opposition attorneys for a fair settlement
• Prepare your case for trial and advocate for you in court if a settlement can’t be reached through negotiations.

Our attorneys will always be available for you, providing guidance, answering your questions and keeping you informed until your case is resolved.

Get Help from Our Experienced Motorcycle Accident Attorneys

The Pensacola personal injury motorcycle accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible settlement for you. When we take a case, we are prepared to take it all the way to trial.

Do not delay, as Florida has a statute of limitations (deadline for filing). According to the law (Florida Code Section 6-2-38), you generally have two years from the date of the accident to file a claim or the courts are likely to refuse to hear your case. Let us start working for you now, while evidence is fresh and witnesses can be found.