There is a procedure you must go through when you’re preparing to file a lawsuit. It takes many steps, and if you don’t follow them strictly, you could delay the process or end up with a dismissed case. Step 1 - Prepare the documents. The Benton Law Firm will prepare the legal documents to file with the court. The first one is a Complaint, which lays out all the facts of the case. The second is the Summons, which notifies the defendant that they must appear in court on a specific date to hear the allegations made against them. Step 2 - Serve the documents. After we file the Complaint and Summons, we will need to hire a process server or another qualified party to deliver them to the defendant. The process server will send us an affidavit of service upon completion of service. We will also file that affidavit with the court.

Step 3 - Receive the defendant’s Answer. The defendant will have 20 days from the service date to file an answer (or send it directly to us if they don’t retain an attorney). If they don’t respond to our Complaint, we could petition for a default judgment. That means the case will proceed without them, and the judge could decide to rule in your favor. Step 4 - Discovery process. Discovery involves filing various requests to obtain relevant information and documents from the defense attorney (or the defendant, if they have no lawyer). We will also continue investigating the accident to collect additional evidence. Step 5 - Mediation - During mediation, we can meet with the defendant, their attorney, and a mediator to settle the case. If we can’t reach an agreement, we will start preparing for trial. Step 6 - Trial prep. While we’re preparing to argue your case in court, we will locate witnesses that can testify, continue collecting crucial evidence to present to the jury, and prepare an argument that discounts or minimizes the defense attorney’s claims. Step 7 - Trial and Judgment. Once the trial concludes, the judge will issue a judgment ordering the defendant to provide you with compensation or ruling in their favor. If we win the case, we will ensure you receive prompt and complete payment.

Motorcycle accidents in Miami are often caused by negligence. Negligence may be in the form of risk-taking, drivers not paying attention, or other drivers failing to notice a motorcycle due to its smaller size. It is also possible that construction, damaged roads, or other factors play a part. Florida is a very popular destination for motorcyclists due to several motorcycle clubs and rallies. In 2009, there were 8,313 motorcycle accidents, which resulted in injuries to 7,413 people and the deaths of 376 motorcyclists and 26 passengers in Florida. Source: FL Department of Highway Safety and Motor Vehicles. Serious injuries are frequent because of greater body exposure. This may be true even in collisions with minor property damage to the motorcycle or moped itself. In minor property damage accidents motorcyclists may still suffer from serious long-term injuries that will have long-term medical expenses and lost wages to match. The types of personal injuries that may result from motorcycle and moped crashes are extensive.

We are always prepared to pursue maximum compensation for your injuries.

Lower extremity injuries are more common in motorcycle accidents. However, the upper extremity injuries that occur tend to be more severe. Disc Injury: Disc Herniations (often, these are described in lay terms as a “slipped disc” or a “ruptured disc”), Anular Tears, Disc Bulging, Extruded Nucleus Pulposus in the Cervical, Thoracic or Lumbar Sacral Areas. In cases involving such injuries our law firm has consulted with medical practitioners, accident reconstructionists and biomechanical experts to collect evidence to illustrate the mechanics of an accident and the resulting injuries. We are always prepared to pursue maximum compensation for your injuries. Under Florida law, motorcycles and mopeds are not required to carry personal injury benefits insurance like automobiles are. The Florida Motor Vehicle No-Fault Law only applies to motor vehicles, which is defined as a self-propelled vehicle with 4 or more wheels. So, the no-fault PIP benefits up to $10,000 are unavailable for a motorcycle or moped accident victim. Post has ​been created　᠎by G SA C᠎ontent　Gen᠎erat or Demov​ersion !

If you have been injured in a motorcycle accident contact Jeffrey R. Davis P.A. Compensation may include monetary damages to cover expenses for your medical care, rehabilitative therapy, lost wages, pain and suffering. Submit your free case review. Our attorneys will speak with you in English or Spanish/Sé Habla Español. What should you do immediately at the accident scene? Take pictures of the accident scene and damage. Get witnesses’ names and numbers. Do not sign any forms until you have consulted with an experienced accident attorney. Some relevant moped laws are below. For a complete list of Florida laws on operating moped or motorcycles see FLA. STAT. §§ 316.208, 316.2085, 316.209, 316.2095, 316.211, or chapter 316 in general. In 2-way traffic: Mopeds traveling at the speed limit can drive in the lanes with traffic. However, a moped traveling below the speed limit should be driven as close as possible to the right-hand curb/edge. The only exceptions are (1) to pass another vehicle moving in the same direction, (2) to make a left turn at an intersection or a private driveway, and (3) when moving is reasonably necessary to avoid an object blocking the curve/roadside or the curb becomes too narrow. In 1-way traffic with 2 or more lanes: Bicycles should be driven as close as possible to the left-hand curb or edge of such roadway. Driving on sidewalks and crosswalks: No person shall propel a moped upon and along a sidewalk while the motor is operating. A person propelling a moped solely by human power on a sidewalk, or across a roadway upon and along a crosswalk, has all the duties and rights of a pedestrian, but must yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.