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Uber Accident Law Miami



If you have been involved in an Uber accident, you need to understand your rights and how to protect yourself. Uber is required to carry liability coverage for accidents that occur in their vehicles.


The insurance company has coverage for other drivers as well. If you are injured in an accident, you can contact an Uber accident attorney for more information.


Uninsured motorist coverage

Uninsured motorist coverage is important to you in cases where the other driver is not covered by insurance. This coverage can help pay your medical bills and pay for pain and suffering. In the state of Florida, 1 out of 5 drivers do not have any type of insurance, so if you're in an accident with one of them, you could still collect some compensation from your own insurance policy.

In Florida, Uber maintains the following auto insurance on your behalf in case of a covered accident $1,000,000 third-party liability. Those who were injured in an Uber accident should contact a Miami personal injury attorney.

Uber's insurance policy will require time to set a proper reserve and approve a settlement. However, it will likely offer a pre-suit mediation if the total claim value exceeds its policy limit. It's important to remember that an Uber accident claim may be more difficult to settle than other car accident cases because of the nature of the Uber service.


Although Uber insurance provides the protection you need for your injuries, it may not cover other vehicles. However, Uber drivers should also consider the cost of uninsured motorist coverage, as this is mandatory in Florida. While these policies don't cover all accidents, they cover the driver's PIP insurance.

Uber's liability coverage

Uber drivers are independent contractors and are therefore not required to carry their own insurance, but the company provides liability insurance coverage for drivers to protect them in case of an accident. This coverage applies only if a driver has accepted a ride request, is on the road, and causes damage to another person.

Uber is a good company to work with, but it is important to remember that you are a worker and should carry insurance to protect yourself. The insurance that comes with the app covers accidents that result in injuries or property damage. It also pays for medical expenses and lost earnings. The Uber liability coverage is tailored to the state that you are in. If you're driving in New York, you'll want to look at the specific coverage limits that apply. You should be aware that these limits are much lower than those of other insurance companies. Speak to an attorney right away, as the state you are in could be the difference between a little coverage and a $1,000,000 in coverage.


You are a motorcycle owner, running late for work. You see a traffic jam, entirely stopped, and all you think about is how you can still be on time. Instead of waiting in line on a major road, you thought of passing in between a sea full of cars. This practice can be risky, but you know that moving amid all the entirely stopped cars gives you an advantage as a motorcycle owner. This practice is called Lane Splitting.

Lane Splitting Under Florida Law


Motor vehicles are often prone to being stuck in traffic. Rush hour is typical in large cities, and when the traffic gets too heavy for motorists to move at an average speed, it can be not very pleasant. This is why many motorcyclists find a way to ease their burdens and arrive on time.

Because of the nature of their vehicles, motorcycle owners resort to what is called lane splitting. Lane splitting occurs when a motorcycle rider passes between cars driving very close together. The practice is controversial since it can be dangerous to those involved and those sharing the road.

While lane splitting is illegal in Florida, that does not mean that motorcyclists are entirely banned from doing it. The law states that a motorcycle can only be driven between two lanes of traffic if the lanes are moving slowly. If the traffic moves too quickly, the motorcyclist must stay in the same lane.

Thus, it is essential to remember the following:

Note that motorcyclists should adhere to traffic rules and regulations like any other vehicle. Motorcycles must obey stop signs and red lights and cannot speed past cars to get through a congested area. Doing so would be dangerous for both motorcyclists and motorists around them.

Is Lane Splitting the Same as Lane Sharing?

Is Lane Splitting Dangerous?


Common Injuries in a Lane Splitting Accident in Miami


Lane splitting is believed to be one of the causes of motorcycle accidents. Most drivers are injury victims that were not protected adequately while riding.

Lane splitting accidents are often more severe because they involve two vehicles traveling at high speeds. Motorcycles offer little protection to the rider in a collision. Some of the common injuries suffered in these accidents include:


What You Need to Do to Prevent Being Involved in a Motorcycle Accident


Lane splitting poses a lot of benefits, such as saving time and fuel. But, there are also risks of accidents that may occur through this practice. Know what to do to prevent being involved in a motorcycle accident:

Can a Motorcycle Accident Victim Recover Damages If He Was Lane Splitting?

Reach Out to Our Experienced Motorcycle Accident Lawyer in Florida for a Free Consultation


Get legal advice from a personal injury law firm committed to helping you recover compensation for your injuries, time off work, and other losses. Call us now at The Soffer Firm Miami Personal Injury Attorneys for a free consultation regarding your legal remedies.

Do not hesitate to call us when you are injured in a motorcycle accident. Our experienced Miami Motorcycle Accident Attorney will help you through the legal process and ensure you receive the best possible outcome for your case. Contact us now at (786) 788-7344.

how-much-is-my-motorcycle-case-worthMotorcycle accidents are on the rise, and they can cause serious injuries. You deserve fair compensation if you were injured in a motorcycle accident that wasn't your fault. But, most motorcycle accident victims don't get the justice they deserve.

Insurance companies know this and will try to pay as little as possible for your motorcycle accident claim. They might even try to manipulate you that their offer is at or above market value. The amount that they will offer can barely cover your medical expenses.

Our motorcycle accident attorney at The Soffer Firm has helped thousands of motorcyclists before. We will help you process your motorcycle accident case and get you the outcome you deserve.

Things You Need to Consider


When you are thinking about the value of your motorcycle injury claim, here are a few factors that you should consider.

The more catastrophic the injuries, the higher the value of your case. Your personal injury attorney knows how to handle all these things. They will give you an accurate estimation of what your case is worth.


The value will depend on what kind of defendant you are suing. If the driver who hit you does not have any assets, it's a different case. This will get even more complicated since the outcome of this situation varies. It would be best to confer with your motorcycle accident lawyer about this.

On the other hand, if they have assets, your personal injury attorney can help you get compensation through their insurance policy or by directly filing against their insurance company. The more assets someone has, the easier it is to seek compensation for your injuries.


You will need medical expenses for surgeries and treatments. This also includes any relevant rehabilitation programs that you might go through after the crash. You may even consider future medical expenses if your injuries are permanent or if they cause recurring problems in the future.

If you missed workdays because of your motorcycle accident, this counts as damages. Your personal injury lawyer can help prove how much money you lost out on because of your absence from work due to the crash.

Your pain and suffering are also part of the damages. The more serious your injuries are, the easier it will be to prove that you deserve compensation for this too.

Types of Valuations

Most motorcycle accident claims are personal injury claims. The injuries you suffer from a motorcycle accident can vary greatly. You could be a victim of a head-on collision and end up with traumatic brain injury (TBI). Or, you could hit your head against the pavement and get a neck fracture.

These injuries will come with heavy medical expenses, and it's hard to prove how much you should receive as compensation for this. Insurance companies use different valuations when they deal with motorcyclists' injury claims.

The key here is to know what kind of valuation your insurance carrier applies. By doing so, you can seek the help of a personal injury attorney who specializes in motorcycle accidents. They can help you fight for your compensation on your behalf.

Settlement Valuation

The insurance company might present a settlement offer. This is the quickest and easiest way to close your case. Most of the time, they will lowball you on the offer.

Your personal injury attorney can give you a better idea of a fair offer. If it's lower than what you expected, they can help you negotiate with the insurance company for a higher amount.

If the insurance company does not want to cooperate, your lawyer can take them to court and file a lawsuit on your behalf. This will significantly increase the worth of your case as well as the amount of money you could potentially receive in compensation.

It is imperative to seek experienced personal injury lawyers. An experienced lawyer understands the ins and outs of motorcycle accident claims.

They will assist you and get the best possible outcome for your case. You deserve fair compensation for the injuries you suffered, and your lawyer can make sure that you get it.

Trial Valuation

An unsettled motorcycle accident injury claim will need to go through the litigation process. This will give you more control over how much money your case is worth.

A jury determines this valuation, and it depends on several factors. But, the most crucial aspect of this is your sustained injuries. Motorcycle accident injuries vary greatly, so this will affect how much your case is worth.

Personal injury attorneys will know which expert witnesses will help prove your case better, depending on what kind of injuries you sustained from the crash.

Types of Damages

In a motorcycle accident claim, damages lead to compensation. You may incur different kinds of damages from the motorcycle crash. It is up to your personal injury lawyer to prove how much each damage counts for in your case.

Special or Economic Damages

Special damages are financial losses that you incurred due to the motorcycle accident. These include medical bills, property damage, lost wages, and any other expenses you paid because of the crash.

Suppose your insurance carrier refuses to pay for some of these damages. In that case, your personal injury attorney can make sure that this is included in your claim. Personal injury lawyers can assist you in filing a lawsuit on your behalf if needed.

General or Non-Economic Damages

Non-economic damages are losses that are non-impacting to your finances. These damages are difficult to measure. You can include pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, or disability.

You may not have any visible injuries from the crash but suffered severe psychological damage. This counts as non-economic damage as well. You can use these emotional damages in court against your insurance carrier.

Calculating Lost Earnings


In a motorcycle accident claim, you can include loss of income due to the crash. This also includes your future lost wages.

Different personal injury lawyers may use different ways of calculating this value. They usually consider your salary, projected earning potential, and how long it will take for you to return to the workforce after the accident.

Various calculations exist for hourly-waged workers and salaried workers. You must take your hourly rate and multiply it by your missed hours for hourly-waged. The product will be your lost hours. Salaried employees have a slightly varied computation for their lost income.

They must compute for their annual salary and 2080. Take the quotient and multiply it by your missed hours. The '2080' constant is the number of working days in a year.

After considering several factors, they might come up with an average amount of money that you could have been paid when you were unable to go back to work because of the accident. Keep in mind that these computations exclude bonuses, tips, and other incentives.

Calculating Your Future Lost Earning Capacity

In some cases, your motorcycle accident injury claim may also include your future lost earning capacity. This is the value of money that you would have made in the future if the accident had never happened.

A motorcycle claim for lost future earning capacity varies depending on your sustained disability. The law recognizes two factors when computing for your lost earning capacity. This could be a partial or total disability.

If you sustained a permanent disability, this is how they will compute your earning potential. Most economists set a 65 to 67 years old limit when calculating your lost earning capacity. They will take this age limit and multiply it to your average annual income. The product of this equation will be your lost earning capacity as someone with a permanent disability.

An economist will use a different equation for a partial disability. The calculation of lost earning capacity varies whether you can still return to work after your injury. In most cases, it would follow the computation for lost future income. It would be helpful to consult with a personal injury attorney to know which computation suits you best.

Our Experienced Motorcycle Accident Lawyer Can Help You Calculate Your Motorcycle Case Worth


Suffering from a motorcycle accident can lead to many disadvantages for the victim. This is why they need to recover financial compensation after the accident. An insurance claim compensation will help them get back on their feet.

At The Soffer Firm, we will help you give you an honest evaluation of your case to determine how much your case is worth. Also, with the help of our motorcycle accident lawyer, you can obtain the maximum compensation available for the damages you incurred from your motorcycle accident. Our personal injury law firm helped many clients in the past, and we can also help you!

If you are suffering from a similar situation, you must call us at 786-788-7344. We offer a free case evaluation for your initial visit. You can also fill up our online form here!


Motorcycle accidents can happen in an instant. If you or a loved one has been injured in a motorcycle accident, it's essential to know the most common motorcycle accident injuries and what can be done to help them heal faster.

The majority of motorcycle accidents are caused by other vehicles on the road, so knowing how to avoid these types of collisions is essential for motorcyclists.

Most serious injuries sustained that occur during a motorcycle crash are due to impact with another vehicle involved in the collision (not from hitting the ground). Knowing this key fact will allow motorcyclists to prepare themselves for potential injury prior to an accident occurring.

In addition, knowing how best to treat these most common injuries will help motorcycle riders recover faster and keep them riding sooner than if they didn't know what was wrong with their bodies.

Most Common Types of Injuries in a Motorcycle Accident

The are many sorts of fatal injuries a motorcyclist may suffer in an accident, but certain problems are more prevalent. The following are some of the most frequent motorcycle accident injuries:

Spinal cord & back injuries


In the event of a common motorcycle crash, riders can suffer severe back and spinal cord injuries, including fractured vertebrae. Surgery, physical rehabilitation, and time away from work are all common treatments that may be given to motorcyclists suffering from back injuries.

Damage to the spinal cord might result in paralysis below the site of the trauma.


Fractures & broken bones


Broken bones are quite the common injuries suffered among bike riders. Whether the rider is injured in a motorcycle accident because of their own driving or in a collision with another vehicle, they're likely to suffer fractures.

Riders frequently damage their hands, arms, feet, legs, and ribs. The severity of the fractured bones depends on the circumstances; nevertheless, healing might require surgery and physical therapy.


Traumatic brain injuries (TBI)


Unhelmeted riders, or even helmeted riders, can suffer from a traumatic brain injury, which can range from mild to severe injuries.

The minor brain damage might be quickly overcome, but moderate to severe TBIs frequently have long-term repercussions, including cognitive and physical impairments as well as permanent nerve damage. A severe TBI can cause a coma and death.


Road rash or burn


The phrase "road rash" refers to abrasions and lacerations a motorcyclist gets from sliding on pavement or gravel. It's a typical accident for motorbike riders, with minor to severe degrees of severity.

A first-degree road rash causes reddening of the skin, but victims do not necessitate medical attention other than home care.

A second-degree road rash requires more care since a person suffering from this usually has broken skin. Although most of the time, this does not necessitate someone to be rushed into the emergency room.

A third-degree road rash is a severe type. This affects multiple external skin layers. A third-degree road rash should be treated as soon as possible to minimize the chance of infection. Motorcyclists should wear the proper gear to protect themselves better against road rash.

Internal organ damage


Motorcyclists' internal organs can likewise be damaged in a collision, particularly in accidents involving multiple vehicles.

For instance, when a passenger vehicle strikes the motorcyclist from behind, blunt force impact to vital organs is common. Side impacts and ejected riders might also suffer injuries due to contact with another car or pavement. Injury to the internal organs can result in death if no immediate medical attention is done.


Head & neck injuries


Non-fatal motorcycle injuries to the head and neck are quite prevalent. Riders can suffer from whiplash, which can damage the muscles and ligaments in the neck or cause paralysis. The neck, face, and skull are all possible sites of head and neck injuries.

In addition, the motorcycle rider is more likely to suffer permanent scarring, severe head trauma, or head injuries such as scalp lacerations if they do not wear a helmet.


Leg & feet injuries


The lower extremities such as legs and feet are the most frequently affected areas in non-fatal motorcycle accidents. This may be due to a rider's legs being frequently struck in a collision or because they are the first body parts to strike the ground if they fall to the side.

Broken bones, dislocations of the knees, and road rash are all examples of leg injuries. Riders should use protective gear like boots and a robust, thick cloth on their legs to prevent these kinds of accidents.


Face & dental injuries


Areas in the face and mouth are very susceptible to catastrophic motorcycle accident injuries. Eye damage or loss of vision, fractured facial bones, loose or missing teeth, permanent facial scarring, and other problems may be experienced by the victims.

Dental and facial injuries caused by automobile accidents may cause disfigurement, lowering a victim's self-esteem and confidence.


Chest injuries


The chest is often injured in common motorcycle crashes. Broken ribs, organ damage, collapsed lungs, and internal bleeding are all possible consequences of blunt force trauma to the chest.

Chest injuries are often serious and may require surgery. If not treated quickly, they can lead to death.



Open wounds


Motorcycle accidents often leave the victims with open wounds which can be caused by road rash, broken bones piercing the skin, or a sharp object.

Open wounds, like those that occur from shrapnel or splinters, might be contaminated by dirt, shards of metal or glass, or other debris and therefore need expert debridement. Open wounds also put people at risk of getting infections.


Motorcycle Accident Victims May Suffer From Long-Term Impairments or Disabilities


Injuries to limbs or upper extremity injuries can limit a person's physical capabilities. A serious injury to the lower extremities such as an arm or leg might prevent someone from performing high-level activities for long periods of time. Or perhaps entirely stop them from doing so due to permanent disability. And this can also lead them to lost wages or future earning capacity.

Many of the consequences of a traumatic brain injury might make it difficult for someone to live on their own. A person's brain may be damaged, affecting their sensation, feelings, thinking capacity, and communication skills.

TBI patients who can no longer balance adequately are less likely to get back on their bikes. Changes in personalities, such as depression or aggressive behavior, may be noticed by their friends and relatives. They may have trouble speaking or communicating effectively. TBI victims might also have permanent memory difficulties.

As a motorcyclist, it is important to be aware of the most common injuries sustained in motorcycle accidents. By knowing what to look for, you can seek treatment sooner and have a better chance of making a full recovery. Contact us so we will be able to advise you on your legal rights and help you get the compensation you deserve for a free consultation.

Reach Out to Our Experienced Motorcycle Accident Lawyer If You Suffered From Catastrophic Motorcycle Accident Injuries


Call the experienced motorcycle accident lawyer at The Soffer Firm Miami Personal Injury Attorneys if you have been injured in a motorcycle accident because of someone else's negligence. We are a prominent and well-respected law firm in Miami that handles all sorts of personal injury cases.

Our skilled personal injury attorneys in Miami are 100% dedicated to safeguarding the rights of those who have been harmed by someone else's negligence. We recognize the proof required to show the defendant's bad conduct and how to prove to a judge or jury that the negligent behavior was responsible for your specific injuries.

Our personal injury attorney will fight to get you the maximum compensation available. Call us at 786-788-7344 for a free consultation or email us at [email protected]

"We don't get paid until you get paid."


In Florida, motorcycle accidents are a common occurrence. If you have been involved in a Florida motorcycle accident, there are steps that you need to take right away to protect your rights as a motorcyclist to claim damages from the at-fault parties.

Motorcycle accident injuries can be severe and even fatal if proper care is not sought out immediately after the accident happens. The aftermath of a bike crash could leave you with serious injuries like head injuries or broken bones. You may also suffer from emotional trauma brought by the physical injuries you sustain.

The Soffer Firm Miami Personal Injury Attorneys will provide assistance for anyone who has been injured in a motorcycle crash in the state of Florida. We'll give you legal advice on how we can help and answer any questions that you might have about filing insurance claims. We will also help in pursuing legal action against negligent drivers and other parties involved that cause your Florida motorcycle crash. We will give you a 100% free consultation!

Below are the things you should do after a motorcycle accident in Florida.

 1. You Need to Seek Medical Attention Immediately.

Motorcycle accidents are more likely to result in catastrophic injuries than other motor vehicle collisions. This is because motorcycle riders have little protection from the impact of a collision. Your priority right after your Florida motorcycle accident is to seek medical attention as quickly as possible to prevent any injuries you sustain from progressing.

Many motorcycle riders think that they don't need urgent medical attention after their accident because their adrenaline can mask the pain of their injuries. Later will they realize how serious their injuries are when they start to feel the pain. So don't feel confident that you feel nothing after the accident. Seeking medical attention immediately can save you!

 2. You Should Call 911.

You must call 911 immediately. If law enforcement has not arrived at the accident scene, call the authority so a police officer will be sent to the accident scene for investigation.

In order to determine what and who caused the collision, the police officer will gather statements from the parties involved and any eye-witnesses to obtain information.

3. You Need to Gather Evidence.

While waiting for the authority to arrive at the accident scene, you can take pictures or videos of the scene if you have a cellphone or camera. Pictures are more accurate and dependable than handwritten notes. Photographs assist police and insurance companies in determining who is at fault in an accident.

It is also crucial that you take pictures of the vehicle's plate numbers, the vehicles involved, driver's car insurance card, and driver's license. These things can help your motorcycle accident lawyer build a strong case for your motorcycle accident.

4. You Need to Gather Information.


You should try to collect information as much as you can from the drivers, passengers, and witnesses while you wait for the cops to arrive. Get their names, contact information, addresses, and insurance information.

Insurance companies value witness testimonies highly since these are deemed as an unbiased account of what occurred during the accident.


5. You Need to Obtain Information From Witnesses.

Get the complete names, contact details, and house addresses of all individuals who witnessed the incident at the scene. If accident witnesses depart before the police arrive, you still have a record of their information, and you can use this later when you start processing your accident case.

As soon as the accident witnesses depart from the scene and the police arrive, the at-fault driver can and will alter their story. These witnesses offer an unbiased description of how the collision occurred that can be used by the police and insurance companies in order to determine liability.

6. You Should File an Insurance Claim.


The first step in receiving compensation for your damages is to file an insurance claim with your motorcycle insurance carrier. Even if you are not at fault, most insurance companies demand that you notify them of the accident.

After reporting the accident to them, your insurance company will send an investigator to determine liability and a claims adjuster to handle the claim process. While your insurance provider may appear to be on your side, keep in mind that their business is all about making money. Because of this, you must avoid giving any further information because they can use it against you to lower your insurance claim.

7. You Must Keep All Receipts, Bills, and Pay Stubs.

A motorcycle accident can result in significant doctor and medical expenses, lost wages, and physical injuries. You must show all economic losses as a direct result of the accident and your injuries in order to win a personal injury lawsuit. That is why you should keep track of your bills, receipts from the hospitals, and any other bills of your expenses.

Some motorcycle accident victims involved are badly hurt and must take time off from their jobs for a period of time, which leads to lost wages. So, the accident victim should provide proof of the income they received before the motorcycle accident happened.

8. You Should Refrain From Posting Anything on Social Media That Insurance Companies Can Use Against You.

Insurance companies are simply in the business of generating money, so be on the lookout for any attempts to undervalue your claim. With this, avoid social media until your motorcycle accident case is concluded. Investigators might misinterpret your images or messages that they can use to reduce your insurance claim. They might believe you just exaggerated a claim to receive more monetary compensation than you stated. They may also check your history for prior incidents to see if you were involved in another accident and claim that you were hurt as a result of another accident other than the one currently under investigation.

9. You Must Not Accept a First Settlement Offer.

After a motorcycle accident, the insurance company is certain that you need money right away, so they will entice you into early settlements to avoid paying what you are rightfully owed.

To be on the safe side, you should hire an experienced personal injury lawyer to handle each element of your case. The ideal motorcycle accident attorney will provide you with an honest evaluation of your situation and help you obtain the compensation necessary to cover all physical health expenditures as well as financial instability caused by your injuries from the motorcycle accident.

10. You Need to Hire a Florida Personal Injury Lawyer Who Specializes in Motorcycle Accidents.

If you were injured in a motorcycle accident that is not your fault, it is critical that you consult with a personal injury attorney who has handled similar motorcycle accident cases.

Unlike car collisions, the state of Florida does not require owners of motorcycles to have personal injury protection (PIP) insurance coverage. This implies that motorcycle riders in Florida usually have no motor vehicle insurance to pay their medical bills and expenses following a collision.

You'll need an experienced motorcycle accident lawyer to ensure that your medical expenses are paid and that you get compensation from the at-fault driver for any additional damages you've sustained. A competent motorcycle accident lawyer will also assist in determining the types of damages you're entitled to and the coverage options available so you can receive the fair compensation you deserve.

Contact Our Experienced Miami Motorcycle Accident Lawyer for a Free Consultation


If you've been in a Miami motorcycle accident and need legal help with your accident case, contact The Soffer Firm Miami Personal Injury Attorneys to speak with an experienced motorcycle accident attorney for assistance. Reach us at 786-788-7344 to schedule a free consultation.

We'll assist you in determining the amount of your claim, and we'll work tirelessly to ensure that you receive all the money you are owed.

florida-car-seat-lawsMany parents may not be aware of the Florida car seat laws. But knowing this will ensure your child's safety while traveling in a vehicle. Furthermore, it is essential to know and follow these laws.

Here, we will overview the required car seats for different age groups. Moreover, we will also discuss how each regulation applies to child passengers in Florida. Knowing and following these rules can help keep your child safe while on the road.

At The Soffer Firm, our experienced car accident lawyer can help you understand the importance of implementing these laws. Call our car accident attorney now if you are experiencing legal disputes with Florida's car seat laws!

Florida Car Seat Law Exceptions

There are some exceptions to Florida's car seat law. For example, a child with a persistent medical condition may ride in the backseat without a booster seat. However, the child must wear a seat belt to ensure safety.

In addition, a driver is not responsible for ensuring that car seats are installed correctly. That responsibility falls to the child's parents or guardians. A child's parents should provide a booster seat if they request another person to drive their kid.

Florida car seat laws also do not apply to buses that meet a specific definition. In addition, it does not apply to farm equipment, motorcycles, and bicycles.

Height and Weight Requirements

Florida car seat laws state that children at least four feet & nine inches tall can use a booster seat. Otherwise, they must use a front-facing seat until they outgrow the requirements. The child's weight is also a significant factor when determining which car seat to use.

For example, the Florida Booster Seats for Children website recommends that kids weigh 40 pounds and under 80 inches tall. Moreover, they must be cognitively developed enough not to unbuckle their belts.

Once a child meets the height and weight requirements, they must ride in a regular vehicle seat with a lap or shoulder belt. Plus, all passengers aged 17 years old and younger must use the appropriate restraints at all times while riding in vehicles.

The person who drives a child younger than six years old must use the appropriate car seat or booster seat. But there is an exception to this law. If a child has a medical condition and cannot sit in a car seat or booster seat, they may ride in the backseat without one. However, children with such conditions must wear their safety belts at all times.

Child Restraint Laws in Florida


According to Florida Statute 316.613, all children younger than four years old must be restrained in a child safety seat. This requirement also applies to kids younger than eight years old and who weigh less than 80 pounds.

There are three available types of child safety seats: rear-facing, forward-facing, and booster seats. Rear-facing seats are designed for infants and toddlers. These seats keep the child in a more reclined position and distribute the force of a crash across the entire back.

Forward-facing seats are for older children who have outgrown their rear-facing seats. These seats typically have harnesses that restrain the child in an upright position.

Booster seats elevate a child so that the car's seat belt fits correctly. This lets the seat belt spread out the force of an impact across a larger surface area.

Let's discuss more of these child safety seats below.

Using a Rear-Facing Car Seat

A child must always ride in a rear-facing car seat until at least one year old. This car seat keeps the baby's head, neck, and spine aligned with their back. In addition, this type of seat also protects the child's organs from harm.

After your child turns one year old and meets all height and weight requirements, they can transition to a forward-facing car seat.

Using a Forward-Facing Car Seat

A forward-facing car seat protects children who have outgrown their rear-facing seats. These seats are designed with harnesses. This will keep the child's body upright during accidents.

Moreover, these restraints distribute the force of impact across larger surface areas. Because of this, this seat can help prevent injuries.

In case your kid weighs at least 40 pounds and has met all height and weight requirements. Then they can use a booster seat or standard vehicle seat with a belt. But, you must inform your local law enforcement department if your child is younger than six years old and does not meet those requirements.

Using a Booster Seat

A booster seat is essential for keeping a child safe while riding in a car. The seat elevates the child so that the car's seat belt fits correctly. In addition, this type of seat helps distribute the force of an impact.

Furthermore, it keeps the child in an upright position. This is vital because the seat belt fits better across the child's chest and hips when sitting up straight.

Florida car seat laws require that kids weigh 40 pounds or less and be under 80 inches tall to use a booster seat.

When a child meets those requirements, they must ride in a regular vehicle seat with a lap or shoulder belt. All passengers aged 17 years old and younger must use appropriate restraints at all times while riding in a vehicle.

Using a Seat Belt

The state of Florida requires drivers of motor vehicles, front-seat passengers, and children under 18 to use a seat belt while riding in a vehicle.

Seat belts play an integral role in protecting passengers during accidents. These straps keep people in their seats and away from potential injuries.

To be fully protected when wearing a seat belt, it is crucial to wear it correctly. The belt should fit comfortably across your chest and hips. It should never be worn loosely or allow any part of your body to hang out of the car.

Moreover, it would be best never to put the belt behind your back or underneath your arm. Doing so can significantly increase your risk of injury in the event of an accident.

Guidelines for Car Seat Safety in Florida


Observing proper car seat guidelines can give optimal protection to your child. Child car seats need to meet the state's requirements. Here are some of the most crucial car seat safety guidelines in Florida:

Your child's safety is always your number one priority when riding in a vehicle. Therefore, you must take all car seat guidelines seriously while driving in Florida. Doing so can help you keep your kids safe during every trip, no matter how short!

Penalties for Not Observing Florida Car Seat Laws

The state of Florida punishes law violators. You could be fined up to $60 for each violation. In addition, you may be required to attend a car seat safety course.

It is important to always abide by car seat safety guidelines while driving in Florida. Failing to follow the local regulation could lead you to lose three points on your license. But most importantly, it puts your child's life at risk in the event of an accident. It's best to make sure you buckle up every time you get behind the wheel!

When Can a Child Sit in the Front Seat? 

Florida law does not prohibit children from sitting in the front seat of a vehicle. However, it is always safer for them to sit in the back.

The safest place to position your kid is in the backseat of the car. This area is designed to protect them during a collision. When they are seated in the front, they are at an increased risk of being injured.

It's best to keep your kids as safe as possible while driving in Florida by following all car seat safety guidelines. Doing so can help reduce the risk of injury or even death in the event of an accident.

Reach Out to Our Experienced Car Accident Lawyer to Learn More About Florida Car Seat Laws


Parents should abide by the car seat laws in Florida to protect their children. If you are facing legal disputes with car seat laws, then you must call an experienced lawyer to help you.

Call us now at 786-788-7344 to get a free consultation. You can also fill out our online form if you prefer to do it that way.

floridas-motorcycle-lawsFlorida is an excellent place for motorcyclists, but there are some things you should know before hitting the road. There are motorcycle laws that motorcyclists must follow in Florida.

In this blog, we cover everything you need to know about Florida's motorcycle laws. Knowing the rules and regulations before riding a motorcycle in Florida can help you and your Miami motorcycle accident lawyer ascertain the best possible way to obtain damages after your motorcycle collision in Florida.

What Are Florida's Motorcycle Laws?

Motorcyclists are subject to specific rules and motorcycle laws in Florida. It is required for individuals who ride motorcycles to:

Motorcyclists Should Have Insurance in Florida

In Florida, motorcyclists must follow two sets of regulations. The first is concerned with what insurance policy you'll need to carry when riding without a helmet lawfully in the state. The second is concerned with the liability insurance you must have to drive a motorcycle legally in Florida.

In addition to being at least 21 years old, you must have at least $10,000 in medical insurance benefits when you ride a motorcycle without a helmet. If you're injured in a motorcycle accident, this insurance will cover your injuries. Motorcyclists are not required to purchase this type of insurance policy, but if they don't want to wear a helmet, it is required.

All motorcycle riders must carry liability insurance, as well. You must have at least $20,000 for bodily injury liability coverage, $10,000 for property damage plus bodily injury per person, and at least $30,000 as your single-incident liability limit. It is against Florida law to drive a motorcycle without the necessary insurance requirements even if you wear a helmet.

Motorcyclists Must Have a Motorcycle Endorsement

In Florida, one of the Florida motorcycle laws is that you must have a motorcycle endorsement on your driver's license. This requires riders to undergo specialized training for motorcyclists. Obtaining a motorcycle endorsement without having a regular driver's license is possible in Florida. To lawfully ride a motorbike in Florida, you must have a motorcycle endorsement specific to motorcycles.

Motorcyclists Are Required to Use Daytime Headlights

Even in broad daylight, Florida law 316.405 states that motorcyclists must use a headlight. This law clarifies that failure to utilize a headlight does not constitute negligence in a civil case. However, if the failure to use a headlight is the immediate cause of motorcycle accidents, it may be used as evidence of the motorcycle rider's negligence in a civil case.

A Motorcycle Rider Has the Right to Full Use of the Lane


The rules of the road apply to Florida motorcyclists, according to Florida Statute 316.208. When you ride a motorcycle in Florida, you must adhere to the same regulations that other motorists must follow. You can't weave in and out of traffic. You must follow and obey all traffic signals.

You are also entitled to the same rights that other drivers have on the road. You have the right to use your entire lane, but you may also share a lane with another motorcyclist. According to Florida law 316.209, other drivers must allow you full use of a lane. Even though you may not drive between traffic lanes or rows of cars, you may ride two abreast with another motorcyclist if you so desire.

All motorcyclists in Florida should be aware of the state's helmet regulations. All riders are subject to Florida's helmet rules. In addition, whether or not you wear a helmet may affect your right to financial recovery and lost wages if you're injured in a motorcycle accident.

Whether you are wearing a helmet or not, you should consult with an experienced Miami motorcycle accident lawyer if you have been hurt in a motorcycle accident.

Florida Has Motorcycle Helmet Laws for Motorcycle Riders


Florida's helmet law requires individuals under the age of 21 to wear a helmet when riding a motorcycle. The helmet law also requires motorcyclists to wear a helmet if they don't have at least $10,000 in medical coverage in case of a motorcycle crash, regardless of their age. The motorcycle helmet law in Florida is F.S 316.211.



Motorcyclists Cannot Do Lane Splitting in Florida

Lane splitting is illegal in Florida. Per F.S. 316.209(2), motorcyclists are not allowed to "overtake and pass in the same lane occupied by the vehicle being overtaken." Motorcycle riders must maintain a safe distance between themselves and the vehicle in front.

Motorcyclists Must Follow Florida's Equipment Requirements

To lawfully drive a motorcycle in Florida, you must follow the necessary equipment required, or else you risk being ticketed, fined, or having your license revoked.

When driving a motorbike in Florida, you must always use an eye-protective device that has been approved by the Department of Transportation (DOT). This is stated in F.S. 316.405. This allows bikers to see clearly and comfortably at speeds while also preventing insects and dust from entering their eyes or impairing their line of sight.

A windshield isn't enough to see with clarity while riding a motorcycle. It's difficult to open your eyes and see properly, much less look through them, at high speeds without goggles. Look for the following characteristics when purchasing eyewear:

  1. A good pair of goggles, glasses with highway safety lenses, or a helmet with its built-in face shield
  2. Scratch-free, shatter-proof, and has good ventilation-eyewear to prevent fog build-up
  3. Non-tinted eyewear for night riding

A helmet is the most important protective headgear device. In the event of motorcycle collisions, helmets have been proven to save lives and prevent brain injuries. Motorcyclists who do not wear helmets are forty percent more likely to die from a fatal head injury and fifteen percent more likely to suffer a non-fatal head injury, according to the National Highway Traffic Safety Administration.

When riding a motorcycle, you must use durable, heavy-duty gloves. It is required under Florida law, but wearing gloves makes riding safe and pleasant. Using motorcycle gloves allows the motorcyclist to have a firmer grip, and they provide wind protection to the rider. Choose long, gauntlet-style gloves to avoid airflow up your sleeves.

Gloves are available in a variety of materials and designs, and some are made to be used in various weather conditions, such as cold temperatures and rain. Because the climate in Florida is generally warm throughout the year, many trustworthy manufacturers include air intake vents on the finger regions of the gloves and built-in venting systems.

On both the right and left-hand sides, motorcycles should have rear-view mirrors, headlights, taillights, and turn signals. These accessories assist motorcyclists in seeing other vehicles on the road and make them more visible to other vehicle drivers.

Motorcycles must have state-issued license plates displayed on the motorcycle's exterior rear. Riders under the age of 21 must have a color-coded license plate with a different design from the standard ones to make known to the Florida law enforcement the biker's age.

If you want to carry a passenger, your motorcycle should be equipped to do so. To legally carry motorcycle passengers in Florida, you need to equip your motorcycle with a backseat area and footrest for passengers.

Are You Injured in a Motorcycle Accident in Florida? Contact Our Experienced Miami Motorcycle Accident Lawyer for a Free Consultation


If you've been hurt in a motorcycle accident or wondering how Florida motorcycle laws may affect your rights, contact our skilled Miami motorcycle accident lawyer for legal help.

We understand that if you're hurt in a motorcycle accident, you need assistance right away. For a free consultation, contact us now at 786-788-7344 or visit our website to know more about us. You can also fill out our contact form, and we will get back to you ASAP. We're here to serve you 27 hours a day, 7 times a week.


Getting your motorcycle license is a big deal. A lot of young adults are dreaming of the day they could finally hop places on their motorcycle. But getting your license is not simple work. You must submit documentation, pass a test, and pay fees.

We enumerated the process of how to get a motorcycle license in Florida. Read further to learn more!


Is a Driver's License Needed to Ride a Motorcycle in Florida?

First, you must be aware that motorcycle licenses are not the same as driver's licenses. You do not need a driver's license to ride a motorcycle in Florida. However, if you want to operate a motorcycle with an engine greater than 50cc, you will need a Class E license.

If you want to operate any motorcycle, regardless of engine size, then you will need a class A license. You must know what type of license you need before you drive your motorcycle. Knowing these can help you prevent future legal disputes.

Motorcycle License Endorsement vs. Motorcycle-Only License


In Florida, you have the option to get a motorcycle-only license or add a motorcycle endorsement to your driver's license. In case you choose the latter option. Then you must keep in mind that this will add endorsements to your current Florida driver's license. And if you should lose your Class E or A license, you will also lose your driving privileges.

You do not need a separate driver's license for motorcycles. However, it is possible to have a new license for those who want one. You would only need to make a request and ensure that it reflects the endorsement on your new card.

Here are the processes you need to follow to have a motorcycle endorsement:

  1. Obtain a valid Class E standard driver's license. Class E license is the standard license you can receive in Florida. This license allows drivers to operate non-commercial vehicles that weigh less than 26,001 lbs. Even if you have a Class A, B, or C Florida motorcycle license, you can still use your license to receive a motorcycle endorsement.
  2. Pass an approved motorcycle skills course. Take and pass a Basic Rider Course (BRC). The course will help you gain knowledge on basic traffic and motorcycle safety.
  3. Submit requirements to the Department of Motor and Vehicles (DMV). Once you have all the requirements with you, proceed to the nearest DMV. A tax collector office can also grant you a Florida motorcycle endorsement if you meet all the requirements.

Steps in Obtaining a Motorcycle License in Florida

A Florida motorcycle-only license allows you to operate two to three-wheeled vehicles in Florida. Moreover, you are also allowed by the law to drive motor vehicles with an engine size greater than 50cc. We listed below the process of obtaining a motorcycle-only license in Florida.

You Need to Obtain a Florida Learner's Permit

obtaining-a-motorcycle-license-in-floridaFlorida law requires riders to have a learner's license before they can get a valid motorcycle license. Moreover, they should have the learner's permit for over a year and commit no traffic convictions. You must be more than 16 years old to obtain a license in Florida.

Underaged applicants must have a notarized consent form from their parents or guardians. Motorcycle driver license applicants must also undergo several tests to ensure that they can operate a motorcycle.

You Need to Pass a Basic Rider Course

License applicants are also required to take a basic motorcycle course. This motorcycle safety course will help the rider gain knowledge on the motorcycle safety foundation. A rider will learn about basic traffic law, highway safety, and other basic skills in this course. On average, a BRC course would cost around $99 to $300 and take around 15 hours to complete.

You Need to Submit Your Documentation and Pay the Fees

After completing the above steps, you will need to submit this requirement to the nearest DMV office. Alternatively, you can also receive a license from a tax collector's office. You can submit your requirements to any of these driver's license offices.

Once you're in the office, you will be asked to pay a fee. Make sure that you consult with the licensing office to confirm any fee changes.

How Much Is a Motorcycle License in Florida?

The fee you would need to pay for a motorcycle license in Florida varies. It would be best if you check with the local licensing office for the updated schedule of fees. However, here's the average price you would need to pay for a license in Florida:

When Can I Get a Motorcycle License in Florida?

You can get a motorcycle license in Florida as long as you have completed the requirements mentioned above. Usually, you would have to be 16 years old to gain a valid motorcycle license in Florida.

What Is a Class E Driver's License in Florida?

A Class E driver's license allows you to drive basic vehicles in Florida. Generally, it allows you to operate a non-commercial vehicle with an engine size below 50cc. Some vehicles you can drive with this license are automobiles, recreational vehicles, and a 15-seater van.

How Long Does It Take to Get a Motorcycle License in Florida?

Obtaining a motorcycle license in Florida can take anywhere from one to five weeks. However, you would need to allow additional time if the DMV's offices are busy. It would be best for you to schedule an appointment with the licensing office. In addition, you should also get all required documentation prepared before coming to the office.

Can I Ride a Motorcycle With a Car Driver's License in Florida?

In general, you can drive a motorcycle with a car driver's license. The state of Florida law allows drivers to ride motorcycles with a car driver's license. However, they cannot operate a 2-wheeled motorcycle with an engine size bigger than 50cc if they don't have a valid motorcycle license.

Do I Need to Take a BRC or BRCu Class Even If I Already Have My Motorcycle License From Another State?

Suppose you're an experienced rider and have a motorcycle license from another state. In that case, you might not need to take the basic rider course. However, it would still be helpful for you to take the course as it will help refresh your knowledge on traffic law and safety. In addition, the course can also give you tips on how to ride safely in Florida.

One exclusion of this rule are licenses coming from Alabama. If you are coming from Alabama, you would have to present a Motorcycle Safety Foundation course completed last year.

Reach Out to Us to Learn More About How to Get a Motorcycle License in Florida


Having your motorcycle for the first time can be an ecstatic moment. It's a dream to travel around Florida with your motorcycle. However, certain legal issues could arise if the licensing process is done incorrectly. Consulting with a lawyer can help you prevent this adversary from happening.

At The Soffer Firm, our expert lawyers have profound knowledge of Florida traffic and licensing laws. They can give you advice on how to process your motorcycle license seamlessly. If you would like to learn more, contact us at 786-788-7344 to get a free consultation.

Whether you're a novice or an experienced motorcyclist, there's no denying that having proper insurance is vital. Please read our guide to learn more about motorcycle insurance in the state of Florida.

Motorcycle laws are different in Florida. Unlike other states, Florida residents are not required by the law to buy motorcycle insurance upon registration. Instead, they require riders to have proof of financial responsibility. Other than proof of financial responsibility, the state of Florida has other documents in place of motorcycle insurance.

In case of an accident, a motorcycle rider must compensate for the damages he sustained. Because of this law, Florida has a different way of regulating liabilities in a motorcycle accident. In this article, we will discuss these regulations.

Read on to know how motorcycle insurance can compensate for physical injuries if you are a car accident victim.

Why Is Florida Motorcycle Insurance Important?

Florida is a 'no-fault' state. This means that if an accident occurs, both drivers would need to turn to their own insurance company for compensation. But, before a driver can qualify for coverage, they need to have personal injury protection coverage or PIP coverage. If the motorcycle driver does not have this coverage in their insurance, they cannot cover their injuries.

The following are alternatives provided by Florida law in the case of an uninsured rider.

Insurance is the best security a rider can get. This would ensure protection in a financial disaster.

How Much Should a Motorcycle Accident Insurance Cover?

If you decide to get insurance, you need to make sure that the insurance can sufficiently cover any liability damages. Florida law mandates a minimum amount required for every insured motorist.

Florida law states that a motorist above 21 years of age can drive without wearing a helmet. However, this comes with a cost. Riding without protective headgear requires an additional $10,000 injury liability coverage. This type of coverage is categorized under MedPay or Medical Payments Coverage. MedPay also acts similar to PIP coverage.

Personal Injury Protection coverage pays for any bodily injuries caused by accident regardless of who's at fault.

What Are the Requirements for Motorcycle Insurance Coverage in Florida?

In order to register a motorcycle in Florida, a rider must prove that they can be liable for any accidents they cause. Getting motorcycle insurance in Florida is not a challenging task. A motorist can purchase motorcycle insurance from a licensed insurance provider in Florida. This is the most common way of getting motorcycle insurance with PIP coverage.

On the other hand, uninsured motorists who have a great net worth can get a self-insurance certificate. This means that the uninsured motorist won't turn to an insurance company if a motorcycle accident occurs. An insurer can offer you multiple insurance coverage. But, essentially, motorcycle insurance should have mandatory motorcycle accidents coverage.

Other requirements to drive a motorcycle in Florida differ for most cases. If the driver already has a registered Florida driver's license, they only need to obtain a motorcycle endorsement. If the motorcyclist doesn't have an existing license, they can get a 'Motorcycle Only' license.

Motorcycle riders with an existing license can get a motorcycle endorsement by providing the following requirements:

After providing these requirements, the requesting rider will receive their endorsement from a licensing office. If they did not receive any confirmation within 1 year, they would need to resubmit a completed BRC.

Florida motorcycle riders without a license can get a 'Motor Only' license by providing these requirements:

After completing these requirements, an unlicensed driver can get their 'Motor Only' license within 1 year from a state-licensed company.

Motorcycle Coverage Insurance You Can Purchase in Florida

Motorcycle insurance requirements in Florida are a bit different from those of a car driver. The minimum coverage requirement for Florida motorists must include injury and property damage coverage. This includes:

Though these are the minimum motorcycle insurance requirements, it is still advisable if the rider expands his coverage. Other insurance coverages a motorcyclist can get are as follows:

Penalties for Not Having Motorcycle Insurance in Florida

Florida might not be strict when it comes to motorcycle insurance. But, there are still consequences for a motorcyclist who can't be held responsible for the motorcycle accident he caused. An uninsured motorist should be financially responsible for any accident he might cause. Otherwise, he will face the following penalties:

In a nutshell, the inability to hold responsibility in an accident is a punishable crime.

Insurance Proof You Need to Carry When Riding a Motorcycle in Florida

The Florida Department of Motor Vehicles or Florida DMV registers your data after purchasing motorcycle insurance. Even if this information is included under your name, you still need to provide proof of your insurance. If you are required by a responding authority to produce proof of insurance, here are what you can show:

Insured riders are required to carry insurance while driving around the state. This proof assures the authority that you have the capacity to pay for any damages you might cause while driving. If a rider cannot show any proof of insurance, they might face penalties.

Is Florida’s No-Fault Law Applicable to Motorcycles?

Despite Florida's 'no-fault- policy,' this rule does not apply to motorcycle accidents. This no-fault law only applies to vehicles with four wheels or more.

This means that a victim in a motorcycle accident can pursue compensation from the at-fault driver. A victim can file a claim on economic damages such as lost wages or medical bills. You are also eligible to seek non-physical damages such as emotional distress.

If you are the victim of a motorcycle accident, you can pursue compensation from the at-fault driver. But, you can also use your motorcycle insurance policy if you have PIP coverage. If you are at fault in a motorcycle crash, you can use your PIP coverage to pay the victim for any damages you incurred.

How Much Insurance Do I Need If I Don’t Wear a Helmet?

Riding without a helmet in Florida is punishable in certain situations. Florida helmet law states that motorcycle riders above 21 years of age can drive without a helmet. But, they should be able to prove that they have $10,000 personal injury coverage for riding without a helmet.

Driving without a helmet is a personal decision. An insurance carrier with enough coverage has the legal right not to wear a helmet. But, it is important to keep in mind that wearing a helmet is a form of protection.

Not wearing protective headgear can cause serious injuries when involved in a motorcycle crash. This can cause serious brain damage or a traumatic brain injury for individuals without sufficient head protection.

Injured in a Motorcycle Accident? Contact an Experienced Florida Motorcycle Accident Lawyer


Motorcycle accidents are often more severe as compared to car accidents. This is because a motorcycle doesn't offer the same amount of protection as passenger vehicles. Worst-case scenario, you get hit by an uninsured motorist. Fighting for your claim can be a long and hard battle.

Even if the other driver has insurance coverage, insurance companies might still downplay your situation. They do this so they won't spend a lot of money on your injuries.

In this case, you would need to seek the help of an expert Motorcycle accident attorney. At The Soffer Firm Miami Personal Injury Attorneys, we have the finest motorcycle accident attorney handling your case. Our lawyer is an expert in motorcycle insurance laws and he knows the best way to represent his clients. Our law firm has long-standing years of successful client representation in a motorcycle accident.

If you see yourself struggling in this situation, call our law firm at (786) 788-7344. You may also fill out this form for a free consultation. We know the challenges you are facing right now and we are always ready to help you.

Find out about the tax implications of receiving a lawsuit settlement and what you can do to protect your money.

After getting involved in a rough accident, you and the offender decided to settle out of court. This means that they take liability for your injuries, and they are willing to compensate for any damages they dealt with you. Now, you signed a settlement release so you can get your settlement money.

But a question popped in your head. Are lawsuit settlements taxable?

This is a common question for any plaintiff who agreed to settle out of the court. The answer to this question is vague and complicated. Settlement taxability differs from case to case. Let's discuss how lawsuit settlements are taxed and what are the non-taxable and taxable settlements.

How Are Tax Implications Determined For Legal Settlements?

The Internal Revenue Systems or IRS determines if a personal settlement claim is subjected to tax. Generally, the IRS will consider your settlement money as taxable income once it enters your account. But, exceptions exist even in this rule. Personal injury settlements are considered non-taxable by the administering department.

It all boils down to the "origin of the claim." If the nature of your settlement is for seeking a settlement for lost wages, it is taxable. But if the nature of your settlement is for seeking compensation for the damages sustained by accident, it is non-taxable. But, settlements for non-physical injuries such as mental anguish are taxable by the IRS.

Allocating settlement funds is a good strategy to reduce tax implications. The majority of legal issues cover multiple concerns. For example, a victim could claim that he sustained a physical injury from the car accident, developed a trauma from the damages caused by the event and lost daily earnings because of the accident. The issue for this event revolves around the car accident, but the settlement could cover several facets.

This is why both parties must agree on the tax treatment of the settlement fund. The settlement agreement should discuss in detail how much is allocated for each of the victim's disputes.

Personal injury settlements also cover the attorney fees. If a plaintiff hires a contingency-fee-basis lawyer, they will not get paid until the victim recovers money from the case. Even if the defendant pays the attorney's contingency fees, the settlement money will still be subjected to the attorney fee taxes.

If the claim covers physical injury or sickness, there should not be any trouble with the tax treatment. But, if the claim is non-physical sickness or injury, then it is subjected to tax. Later on, we will discuss more on the attorney fees in this article.

In a nutshell, all physical injuries or physical damages settlements are tax-free. But, since emotional distress is not 'physical,' it may be subjected to tax depending on the nature of the case. Punitive damages and attorney fees are also subjected to tax treatment.

The best strategy to minimize the settlement tax deduction is to have a settlement agreement between the defendant and the victim. This would help them see which allocated settlement funds will be taxed.

List Of Non-Taxable Settlements

As mentioned above, settlements originating from physical injury are tax-free. Listed below are some of the examples of settlements exempted from tax.

Physical Injury Awards

A personal or physical injury settlement is considered a tax-free settlement. The basis of the IRS in settlement taxability is basically if the victim exhibits physical injuries. As long as there is observable bodily harm, the IRS exempts these settlements of tax.

Emotional Distress Settlements

The Internal Revenue Systems published a document stating that emotional distress settlements are spared from tax if the emotional distress damages originate from a physical injury or physical sickness. But, if an existing physical injury does not cause mental anguish, it will be taxed.

Medical Expenses

The same document states that medical expenses spent on physical sickness or emotional distress are non-taxable if the victim did not take an itemized deduction for these expenses from the previous year. But, if the victim receives the personal injury settlement as reimbursement for previously deducted medical expenses, then it is taxable.

List Of Taxable Settlements

Settlement payments originating from causes other than personal physical injury are subjected to tax.

Punitive Damages

The court awards punitive damages as a punishment for the person liable for the accident. In most cases, these damages are given in extreme cases, usually involving fraud or negligence. This is not meant to compensate the victim. Instead, these damages are meant only as a form of penalty against the violator. In this sense, punitive damages are subjected to a tax deduction.

Non-Injury Claims

As established earlier in this article, claims not originating from physical injuries or physical sickness are subjected to tax payments. Non-injury claims could include claims for property damages, lost wages, or interests. Property damages, lost wages claims, and punitive damages should be listed as 'Other Income' of Form 1040. While interests should be classified as 'Interest Income.'

Case Interest

Most states in the United States require an interest to be added on a pending verdict. The interest increases the longer the verdict is left unpaid. These interests are taxable by the IRS. The defendant will pay the awaiting verdict along with the interests included.

Attorney Fees

The attorney fee is a complicated area in taxable settlements. If an attorney representing you in a case functions on a contingency basis, you must pay taxes as the entire money recovered from the case. Even if the case defendant pays the lawyer's contingency fee, you are still subjected to tax payment by the total amount of compensation if the nature of the settlement is not physical injury.

For example, a plaintiff settled an amount of $100,000 for emotional distress, and the attorney fee cost you $40,000. You are then left with a $60,000 settlement money. Usually, you would assume that you would only record $60,000 as your income from your settlement. But, the law states that you should declare the total $100,000 as taxable income.

How Are Taxable Settlements Affected By A Settlement Agreement?

To understand how a settlement agreement affects taxable settlements, let us first define the settlement agreement.

Settlement agreements are a legal contract agreed upon by the defendant and the plaintiff. If a victim declares several claims from the accident, it is helpful for both parties to decide which amount would go to the different claims.

For example, a victim could request compensation for mental trauma, physical damages, and lost wages caused by an accident. It is helpful to know which amount would cover each category. A settlement agreement is ideal in this scenario.

A good settlement agreement would include the following information:

Settlement agreements can also include the agreed tax treatment between both parties. Though the IRS and the court are not mandated to follow the settlement agreement, they can incorporate the decision of both parties on what tax consequences both parties agreed upon.

The court may not add any terms to the agreement and only accept what is included in the document. This is why both parties must specify what they want to go in the settlement agreement. As much as possible, avoid accepting a contract with a lot of ambiguous terms.

An experienced settlement agreement lawyer can help you set your desired terms to get the best outcome with your case. They can go over the other party's agreement and advise you if the document is detrimental on your end.

How Can Allocation For Damages Save Taxes?

As established in the earlier sections, the best strategy for minimizing tax deductions in your settlement money is to divide the funds in each category of claims.

When a victim receives the settlement money, the IRS will consider this settlement as income. An income settlement is taxable by the IRS. But, if the nature of the settlement originates from observable harm or physical sickness, then the IRS can exempt this settlement from tax consequences.

But, if the settlement received originates from non-physical injury claims, this is subjected to tax deductions. Non-physical injury claims include mental anguish and distress from the situation. But, if the victim developed these mental health damages from the sustained physical injuries, it is not taxable.

Most legal cases have many damages compensable by the law. A car accident can bring severe physical injuries to the victim, and they could develop anxiety disorders because of the event. Wrongful death can bring emotional distress and loss of consortium. Some of these damages are taxable, while some are not.

Allocating settlement for these damages reduces the number of tax consequences from the payment. For example, the total compensation recovered by the victim is $100,000, then they could divide $60,000 for physical injuries and $40,000 from taxable loss of income. An agreement between both parties should be made before the settlement fund could be distributed between the damages.

Before settling for an amount outside the court, both parties should sign a settlement agreement. This document is helpful in making decisions on how both parties would like the settlement money to be treated.

A victim should provide solid evidence to connect the mental health damages from the physical injuries obtained.

Protect Your Settlement Money

Taxes are a perpetually confusing topic to understand. The laws surrounding this matter are complicated because it contains many technicalities that are too hard to understand.

Protect your settlement money by hiring an experienced personal injury attorney. A highly experienced personal injury attorney can walk you through the entire process of acquiring your settlement proceeds. They can help you easily comprehend the complicated tax rules surrounding your compensation.

Hiring a good attorney can also help you create an effective settlement agreement. They can help you avoid delays in getting your funds and avoid settlement taxes. An attorney with a vast knowledge of taxation law can provide astute legal advice to help you minimize or completely eradicate taxes on your settlement fund.

Our personal injury attorney at The Soffer Firm Miami Personal Injury Attorneys has the necessary skillsets to help you achieve the best outcome for your case. Our Miami attorney has a proven background in helping clients avoid the tax consequences for their settlement.

At The Soffer Firm, we know exactly the situation you are facing, and we understand the goal you want to achieve for your case. We guarantee the best result in every case we handle. Settlement taxes are not new territory to us. We have years of successful experience in handling out-of-court settlements.

If you are interested in our service, call us at (786) 788-7344 for a free case consultation. You may also fill out this form on our website. You can also check our webpage for other services we offer.

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