Were you recently in a motorcycle accident? About 82,686 motorcyclists sustain accident injuries every year. If you were hurt due to someone else’s negligence, file a motorcycle accident lawsuit right away.
Otherwise, you’ll be responsible for covering your medical bills, lost wages, and damages to your bike out of pocket. With help from a motorcycle accident lawyer, you can fight for compensation.
Not sure what to expect after filing a lawsuit? Read on to learn more about the legal process!
Gathering Evidence
Gather evidence at the scene of the motorcycle accident. This information will help you make a strong case when you fight for damages. Before leaving the scene:
- Take photos of all vehicles involved
- Collect witness statements
- Get a copy of the police report
Ask for the other driver’s information, including their insurance details. Avoid small talk when requesting this information. Don’t apologize or blame the other driver for the accident.
Anything you say at the scene of the crash can affect your case later.
Obtain any documents related to the incident, including repair estimates and insurance policies. Save copies of everything and make sure they’re accessible.
Keep a journal or vlog detailing your motorcycle accident injuries in the weeks after the crash. These accounts will illustrate the impact the accident had on you physically, mentally, and emotionally.
You’ll need adequate proof to fight for compensation. This evidence will help maximize the results of your claim.
Treating Motorcycle Accident Injuries
Visit a doctor immediately following your motorcycle accident. Only a doctor can fully assess your health.
Seeking prompt medical treatment will aid your recovery and establish a strong foundation for your case. Remain honest with your doctor about the extent of your injuries. Their report will help you maximize your compensation.
About 47% of motorcycle accidents involve injuries. The likelihood that a motorcyclist walks away with only property damage is 14%. The most common injuries from motorcycle accidents include:
- Multiple intrathoracic injuries
- Lower extremity injuries
- Chest injuries
- Long bone injuries
- Pelvic ring fractures
- Abdominal and intra-abdominal injuries
Keep track of all medical treatments, medications, and bills you incur as a result of the motorcycle accident. Adhere to your prescribed treatment plan.
Insurance companies can misinterpret the discontinuation of treatment. They may think you recovered and that your injuries weren’t as bad as you once claimed. Document every medical visit meticulously and keep track of medical costs.
Establishing Liability
The evidence you gather can help determine who was at fault for the accident. Fault determinations establish which party is liable for damages.
It helps to have a thorough understanding of all applicable motor vehicle laws and regulations. You’ll need to make an argument about the other party’s negligence or recklessness.
Using solid evidence to back up your claim, you can secure compensation to cover past and future damages. Future damages can include lost wages or pain and suffering.
Determining Damages
After determining liability, you need to calculate your losses. These include:
- Pain and suffering
- Lost wages
- Medical expenses
- Property damage
In some cases, the manufacturer of the bike has some amount of negligence. You can seek punitive damages to punish wrongful behavior.
An experienced attorney can help you fully calculate your losses. They’ll ensure you don’t leave money on the table.
Anticipating Insurance Company Tactics
Promptly notify your insurance company about the accident. They’ll help you begin the process of receiving reimbursement.
Do not talk to the other party’s insurance company if they reach out to you. Instead, seek counsel from an experienced motorcycle accident attorney.
The other party’s insurance company can use what you say out of context. They’ll want to minimize your claim. Don’t accept the first offer you receive.
The insurance adjuster will try to prove that you were partially responsible for the crash. This will allow them to reduce the amount of money to pay. They’ll also seek to:
- Disprove witness testimonials
- Mischaracterize facts
- Deny liability altogether
Hire an experienced motorcycle accident lawyer who understands and can anticipate these scare tactics. Your lawyer will fully assess your losses to ensure you don’t accept a lowball offer.
Filing a Lawsuit or Settling
Talk to your motorcycle accident lawyer to review your legal options. They can initiate the settlement process to maximize your compensation for damages. This involves negotiating with the insurance company to ensure a fair outcome.
After assessing your case, you can decide whether to proceed with the lawsuit or accept a settlement. Rely on your lawyer’s informed guidance. They’ll help you make a decision that aligns with your goals.
Settling is ideal if you want to reach an agreement faster or don’t want to go to trial. Some clients are concerned about the cost of taking a case to court.
Choose a motorcycle accident lawyer who fights on a contingency fee basis. They won’t accept payment unless they win your case. You’ll only pay them a percentage of your winnings.
If the insurance company is offering a lower lawsuit settlement amount than you deserve, you may want to fight in court. They’ll build a strong case, present evidence, and navigate the complexities of the legal process on your behalf. With their help, you can move toward the path to recovery.
Trial Prep and Proceedings
If you decline the settlement offer, your lawyer will lead you through the trial process. The discovery phase involves both parties exchanging information to build their case.
Mediation can help you reach a lawsuit settlement before trial. A neutral third party will step in to help all parties find a resolution.
If mediation doesn’t work, your lawyer will advocate for you in court. They’ll fight to prove the other party’s negligence impacted your well-being.
File Your Motorcycle Accident Lawsuit
Don’t begin the process of filing a motorcycle accident lawsuit alone. Instead, hire an experienced motorcycle accident lawyer. Leveraging their expertise will help you fight for the compensation you rightfully deserve.
Our lawyers at the Law Offices of Gerald J. Noonan understand how an accident can have a lasting impact. We’ll advocate for your best interests every step of the way.
We fight to help our clients achieve the best possible outcome. We won $225,000 in our last motor vehicle accident case. Contact us to start the process of filing a lawsuit.