Reasons Why Your Motorcycle Case Was Declined

July 29, 2020 | Attorney, Matthew Dolman
Reasons Why Your Motorcycle Case Was Declined

Why a Motorcycle Accident Lawyer May Turn Down Your Case

Motorcycle accidents are an unfortunate event that occurs all too often. In comparison to regular motor vehicles, motorcycle accidents are much more common when one takes into account how many motorcycles are on the road compared to normal cars. Despite there being significantly fewer motorcycles on the road than cars, motorcycle accidents still occur at a rate that is terribly high in regard to their low number. Naturally, this is because of the inherent danger associated with riding a high-speed vehicle that leaves the driver exposed to severe damage. These accident damages lead many motorcycle accident victims to seek compensation yet there are many instances where they end up unable to find a lawyer to take their case. This can happen for a number of reasons depending on the details surrounding the motorcycle accident and its causes. 

Florida Motorcycle Accident Injury Claims

When someone suffers severe injuries in a motorcycle accident caused by a liable party's negligence, they reserve the right to seek compensation for damages with a motorcycle accident injury claim. These motorcycle accident claims work by having a plaintiff file a claim with the insurance of a liable party and then using the evidence of that party's negligence that caused the accident to secure an adequate settlement. That is how the process works in the most simple terms but there is often much more that goes into this process and much more legal nuance than many plaintiffs are prepared for. Motorcycle accident victims should never attempt to handle claims on their own or they may risk doing damage to their claim that can decrease the amount they can possibly get in a settlement. Consider speaking to the experienced motorcycle accident lawyers of Dolman Law Group Accident Injury Lawyers, PA. Our lawyers are willing to speak to you in a free consultation on your case. To schedule your free motorcycle accident case consultation you can either fill out an online contact form or call our Clearwater office at 727-451-6900.

Why a Lawyer Declined Your Motorcycle Accident Case

No Medical Treatment After the Accident

The core of motorcycle injury claims is the injury itself. The type of injury and its intensity can drastically change a claim and how an attorney approaches it. After any accident, let alone a motorcycle accident, it is integral to a claim that you go see a doctor immediately. Not only is it important for your health but it is also important so that you can have medical records of your injuries as close to an accident as possible. The defendants in a claim may attempt to attack the credibility of a plaintiff by saying their injuries are not the result of the accident or were not that severe since they were not treated immediately after an accident.  Your motorcycle case may be rejected by an attorney if you did not get any medical attention until quite some time after an accident or you did not get any medical assistance at all. If your injuries cannot be proven to be significant enough to warrant compensation through a motorcycle accident injury claim then there is not much of a case. Lawyers may also decline to take your case if you cannot provide any medical documentation of your treatment for motorcycle accident injuries. This documentation is typically the most important documentation that a lawyer needs when building a case. 

Motorcycle Accidents are Not Their Expertise

People going to the wrong lawyer after motorcycle accidents is much more common than you would think. Just because someone is a lawyer does not mean that they can handle your case. Many people go to their divorce lawyers or a criminal lawyer that has absolutely no experience handling motorcycle accident claims and wonder why they can't help them. Always check that the lawyer not only specializes in motorcycle accident injury claims but has a record of successful cases. Sometimes a lawyer may handle car accident or truck accident claims but not motorcycle claims. It helps to do your research

Problems Regarding Liability for the Accident

The responsibility for causing an accident may not always be as simple as one would expect. Sure there are many accidents where there the liability is clear but many involve several parties including an accident victim that is seeking compensation. Florida has what is called comparative negligence which takes into account the level of negligence that a person seeking compensation through a claim contributed to an accident and turns it into a percentage that is used to calculate the amount that they can receive in a settlement. An attorney may turn down a motorcycle accident claim if they feel that the level of negligence that a plaintiff contributed to the accident that injured them renders their case unable to pursue. Sometimes it takes speaking to an attorney to really determine how much you can be considered liable for the accident that you were a part of. Try to speak to an attorney since sometimes you may still have a case despite being partially liable. You may not receive as much compensation if you had zero liability but a claim may still be worth pursuing

Statute of Limitations Has Expired

In some cases, a motorcycle accident injury attorney may not take a case purely because it has run past the statute of limitations. This is not common but it does happen on occasion when someone realizes down the line that their injuries are having a worse effect than they thought or if they discover new information regarding their accident. The statute of limitations for Florida motorcycle accident cases is four years from the date of the accident. If you wait longer than this then your case is no longer viable and an attorney may turn it down.

Poor Rapport With a Client or Rejection From Previous Lawyers

At the end of the day, you and an attorney will be working together quite a bit and the attorney will not just be working as a hired gun. They will have a vested interest in the success of your case so you and your attorney need to be on the same page. Most motorcycle accident lawyers are very professional in dealing with their clients but in some instances, they may just see no sense in working with a client that they have absolutely no rapport with. Dealing with conflicts with a client is not what any attorney wants to deal with when they can just avoid that situation by politely rejecting work with a client. Motorcycle accident lawyers can also be very wary of clients that have gone through several attorneys that they fired before coming to them. It is generally considered a red flag.

Seek an Experienced Florida Motorcycle Accident Attorney

If you or a loved one have suffered an injury as a result of a motorcycle accident then you may be able to seek compensation for damages through legal means such as a motorcycle accident claim. The personal injury attorneys of the Dolman Law Group Accident Injury Lawyers, PA have decades of experience in negotiating and litigating motorcycle accident claims. They fight hard to protect Florida residents from injuries and ensure that they are fairly compensated when injuries do occur. Our experienced team has the legal expertise to ably handle your claim.  Motorcyclists who suffer injuries through no fault of their own deserve compensation to help them and their families rebuild their lives. At Dolman Law Group Accident Injury Lawyers, PA, we help motorcycle accident victims identify the parties who caused the accident and hold them legally and financially responsible. Don't delay. Call us for a free consultation and case evaluation at (727) 451-6900 or complete our online contact form. Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 727-451-6900


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

Learn More