lawyer for a motorcycle accident
Personal Injury Law

When should you get a lawyer for a motorcycle accident?

| February 29, 2024

Statistics indicate that although motorcycles make up just 3 percent of all vehicles registered in the USA, they still account for 15 percent of all traffic accidents involving deaths. This is because motorcycle riders are vulnerable to road conditions and are not sufficiently protected compared to car drivers. 

Motorcycle accidents can prove costly in terms of medical expenses. In time, these can accumulate to alarming sums, burdening accident victims and their families. It is best to hire the services of an experienced attorney soon after the accident. 

The attorneys can help you file a claim for recovery of medical expenses, help deal with the insurance company, and file a case for personal injury in a court of law. 

This article will help you decide when to hire a lawyer to assist you in filing claims for injuries and other damages sustained in a motorcycle accident.  

What is Personal Injury? 

Personal injury law, often known as tort law, refers to incidents in which a person is damaged or injured as a result of someone else’s carelessness. This is a sort of civil law, which implies that one private party is suing another, as opposed to criminal law, which involves the government prosecuting someone. In many cases, the harm may have been caused by negligence rather than a crime.

Lawsuits can assist the wounded individual in recovering damages, which can be used to pay medical costs or lost earnings as a result of the accident. In the field of personal injury law, cases are frequently resolved prior to the trial phase. Instead of going to trial, the two parties and their counsel negotiate a settlement.

Personal injury is the most common type of civil case, owing to its broad scope, which includes everything from a workplace accident to medical misconduct. Car accidents are the leading source of personal injury claims, accounting for over half of all cases filed yearly. Car accidents are the most probable situations in which the plaintiff or injured person will be successful, with a median reward of $16,000. Car accidents can involve collisions between two drivers and occurrences in which a motorist collides with a pedestrian or a bicycle.

Elements of Negligence

In most personal injury lawsuits, the plaintiff must prove that the defendant’s carelessness caused the accident in order to win. Because these are civil lawsuits, they may not have done anything unlawful to be deemed negligent. Negligence simply indicates that someone did not take the appropriate measures in the scenario. In vehicle accidents, this can take many different forms. 

Common instances include texting while driving, breaking traffic regulations, or driving inebriated. The four major components that assist in showing carelessness are duty, violation of duty, causation, and damages.

Responsibility is demonstrated, proving that the defendant owes the plaintiff some type of responsibility. For instance, every motorist owes it to other drivers and pedestrians on the road to operate their vehicle safely. 

Reasons to Get an Attorney

You should hire a seasoned motorcycle accident lawyer as soon as possible after the accident. No doubt you will be experiencing the pain and trauma of being an accident victim. Hiring a legal attorney to assist with claims for damages will be a wise step in making life easier for you in the long run.  

Filing a case in a court of law is easier said than done. It can be a complex process gathering evidence and preparing a justification for the amount that you are claiming. 

The case filing should take place within the time limit for personal injury cases mandated by the statute of limitations in your State. Generally, the time is within two years from the date of the motorcycle accident. 

Suppose the case is being settled out of court by the insurance company. In that case, you have to be aware that these companies have representatives who seek to give you the lowest amount possible, keeping the interest of their companies uppermost. 

You must file for the insurance claim within 30 days of the accident. The lawyer will know how to deal with the insurance firm and get you the maximum possible claim within the time limit. 

2. To Prove the Liability of the Defendant

It can be very challenging to prove that the negligence of someone else has caused the injuries you sustained in a motorcycle accident. This is nevertheless an essential part of every motorcycle accident victim’s claim. 

During the process, you or the defendant will try to deflate the claim by shifting the blame from one person to another. This can make it difficult to proceed further. 

Hiring a lawyer can help you build your case. They can help you get the necessary evidence, call witnesses to testify for the case, and create a strong legal argument for you to win your claim.

3. To Fight Unfair Biases and Negotiate a Fair Settlement

Insurance company representatives can make life difficult for you. They are trained to offer you the lowest amount of legally permissible compensation. They best serve the interests of the insurance company. They may also regard motorcycle riders as careless, who drive too fast and in and out of traffic, causing unnecessary accidents.

This is why hiring a good motorcycle injury attorney is good for you. They know how to negotiate with the insurance company to get the best possible deal for you. 

4. To Calculate the Monetary Amount of your Damages

People unaware of the legal process think getting enough compensation to cover their medical expenses is enough. However, you may have sustained other damages as well, such as loss of income due to being home from work, bodily injuries, and emotional and physical trauma leading to a reduced quality of life.

A personal injury lawyer has experience preparing your case for a comprehensive claim covering the physical, emotional, and financial losses you have suffered. 

5. To Help in Filing a Lawsuit

The best reason to hire a personal injury lawyer after a motorcycle accident is that he or she will help guide you through the process of filing a lawsuit. Find that the compensation you get in an out-of-court settlement needs to be revised as the insurance coverage limits bind them. You can ask the lawyer to file a personal injury case in a Court of Law. 

This could give you a larger amount. It is awarded by a judge and jury based on the circumstances of your case. 

6. If You’re Unsure About the Claim Made By the Insurance Company

Sometimes, insurance companies try to trick you with offers that can compensate you less than you deserve. A seasoned motorcycle accident lawyer would know how to deal with such situations, and they can negotiate with the insurance company on your behalf and get you better compensation. 

This method would protect your legal rights and let your lawyer fairly negotiate as per your needs. 

7. You Suffered Serious or Permanent Injuries 

Motorcycle accidents can cause grave injuries. You might have to face a long road of recovery with severe medical expenses. This is where your lawyer gets into the picture. They help you manage the proper costs and make a sufficient settlement for your medical costs. 

However, if your injuries leave you with a permanent disability, the lawyer would fight for your claims and bring things to justice. If you wonder how a lawyer calculates your injury, this is how they do it. They are: 

  • Accessing and investigating the past, current, and future medical costs. 
  • Lost wages and loss of earning capacity. 
  • Motorcycle repairment costs. 
  • Pain, anguish, and suffering caused by your injuries. 

Conclusion:

We can see that hiring a personal injury lawyer can benefit victims of motorcycle accidents and their families by helping them reach an out-of-court settlement or taking an individual injury case to trial to recover adequate compensation.

Read Also…
Do You Really Need An Automotive Lawyer? A Guide For 2023
Proving Fault In A Pedestrian Accident
What Is A Car Accident Due To Negligence?

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nilanjana basu
nilanjana basu

Nilanjana is a lawyer with a flair for writing. She has a certification in American Laws from Penn Law (Pennsylvania University). Along with this, she has been known to write legal articles that allow the audience to know about American laws and regulations at ease.

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