Most experienced motorcycle riders know there are higher risks when on their bikes than in passenger vehicles. Motorcycles are smaller and harder to see than cars and trucks and lack protection in accidents. Motorcyclists are at the mercy of other drivers and can be seriously injured in an accident.
After an accident that another driver caused, you should retain a motorcycle accident attorney to represent you. You can have serious injuries that require months or years of medical care, and getting the most for your injuries is vital. In this article, learn how an experienced motorcycle accident lawyer can help. If you have follow-up questions about your case, you can ask a personal injury attorney in your area for a free legal consultation.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident lawyer is critical in assisting victims of these severe accidents. They can help by filing a claim with the responsible insurance company and ensure that you receive the most compensation for your economic and non-economic losses.
Your attorney will also tirelessly construct a robust case against the liable driver. This process includes collecting evidence from survivors and eyewitnesses, obtaining expert testimony, looking at all vital documentation about the crash, and preparing all legal documents needed for filing the claim or lawsuit. A skilled motorcycle crash attorney will use this information to negotiate the highest settlement with the insurance company.
A motorcycle accident attorney also understands the many laws that deal with auto accidents and how to best handle your case based on these laws. Having an attorney who knows the law and how to negotiate a fair settlement will ensure your rights are respected.
They Understand The Legal Process
Retaining an experienced motorcycle accident attorney after your crash will be critical to your rights and ultimate compensation. There are many reasons why having an attorney will help navigate the complex legal process after the accident.
First, a motorcycle accident lawyer knows the complexity of state law regarding motor vehicle accidents. Your lawyer will have experience with motorcycle accident claims like yours and will guide you on the next steps. They also know how auto insurance companies work to undermine and deny claims and will try to pay you less than you deserve. They also know how to counter these tactics and get you the most money for your losses.
Second, an experienced personal injury attorney understands what you are going through after a severe motorcycle crash. Your lawyer can handle the complexities of the legal and insurance claim, such as filing deadlines, collecting evidence, evaluating settlement offers, investigating the accident, proving fault, and more. They know you suffered an injury and are going through a lot, so they can handle the case while you recover.
Third, having a skilled motorcycle crash lawyer will give you peace of mind because you have legal authority to handle your case. They know every part of the law and how insurance claims and lawsuits work, so you can rest assured that your case has the best chance of a successful resolution.
They Know How To Navigate An Insurance Claim
Few of us enjoy dealing with insurance companies. Even fewer want to negotiate with a difficult auto insurance company when we suffer an injury. Negotiating with an insurance company for compensation is generally tricky and unpleasant at any time, but especially when we aren’t at our best.
Your motorcycle accident attorney knows the insurance game and how to negotiate the most money for your medical bills, lost earnings, and pain and suffering. They are skilled negotiators who know all insurance and traffic laws that may affect your claim and pay.
An experienced personal injury lawyer can also access case experts to build the best legal argument, such as accident reconstruction professionals, engineers, and doctors. Your lawyer also will handle all communications with the insurance company. You won’t need to handle any phone calls or other communications. You can concentrate on healing physically and mentally from the motorcycle accident. This is especially important after a motorcycle crash; you can have broken bones, internal injuries, road rash, head trauma, and much more. You will need plenty of time to heal and take it easy, so let your lawyer handle the insurance company.
They Maximize Accident Compensation
When it comes to a severe motorcycle crash, hiring the best personal injury lawyer makes a huge difference in the money you may receive. An experienced motorcycle crash attorney knows how to increase the damage award you receive.
Your personal injury lawyer has handled many motorcycle accident insurance negotiations before. They know how insurance companies attempt to undervalue a claim and pay as little as possible. For example, the insurance company may question your injuries and pain level to pay you less. Your attorney knows how to provide unquestionable medical evidence that you have a severe injury related to the accident.
A motorcycle accident attorney knows when to negotiate for more money and when they have gotten as much as possible. Then, they will tell you whether it’s wise to accept the final offer or take the case to court. Many motor vehicle accident claims end with a settlement. But your lawyer will know when your case is so strong that proceeding with a lawsuit will get you the most money. Knowing when to settle and when to sue is something that only an experienced personal injury lawyer can tell you.
They Collect Evidence And Investigate
Your motorcycle accident claim will start with a complete investigation of the accident to determine who caused it and how. Your motorcycle crash attorney has the knowledge and experience to know the vital evidence needed to prove that the other party should pay for your losses. They also know how to preserve vital evidence by filing litigation hold requests and subpoenas on third parties. These processes ensure that critical evidence is preserved for the investigation.
Some evidence that your personal injury attorney may obtain to build your case includes:
- Accident photos and videos from dash cams, traffic cameras, and nearby businesses
- Testimony from eyewitnesses
- Test results from a driver’s alcohol and drug tests
- Post-crash vehicle inspections
- Medical records for your injuries and treatments
- Cell phone records, if distracted driving was involved
- Information from vehicle black boxes
- Accident reconstruction expert testimony
Using this evidence, your motorcycle accident attorney will intend to prove that another party violated their duty of care, injured you, and caused your damages. It is a complicated process and should only be handled by an experienced motorcycle crash lawyer.
They Negotiate Medical Liens
You will receive medical care after the accident and during your recovery. Many doctors and medical facilities provide these services with the understanding that they may not be fully compensated until the end of the case. The medical provider will set up a medical lien to ensure they are paid from your settlement or case award.
Your motorcycle accident attorney may negotiate lower payouts for those medical liens so you can get more money in your pocket. Your attorney will also handle any subrogation claims your health insurance provider must reimburse for their expenses.
They Document Your Losses
It isn’t sufficient to say that you have losses related to the motorcycle crash. This must be proven with documentation. Your attorney will help gather medical bills and records, pay stubs, invoices, receipts, out-of-pocket expenses, etc. You will need to document every penny of expenses you have had and will have to receive just compensation.
Your motorcycle crash attorney will also document your degree of physical pain and mental anguish. Unfortunately, many motorcycle crash injuries are severe. You can have excruciating injuries that limit your ability to function and enjoy life. You may be entitled to just compensation for these non-economic damages, and your lawyer will gather medical testimony and other evidence to document your suffering.
They Offer Outstanding Representation In Court
An experienced motorcycle accident attorney has litigation skills and can represent you before a jury. This may be needed if the case cannot be negotiated to a fair settlement with the insurance company.
The lawsuit process starts with the attorney filing a petition and waiting for the other party’s attorney to respond. During discovery, your motorcycle accident attorney will ask for critical evidence from the other side, such as text messages from their cell phone, dashcam videos, previous accident records, etc.
During the pre-trial process, the court will encourage the parties to reach an agreement before the court case begins. This process may include mediation, which uses a third-party negotiator attempting to help the sides settle the case before trial. If an agreement cannot be made, your attorney will prepare the case for trial. It includes preparing court exhibits, eyewitness statements, and a trial strategy for the best outcome.
They Support You
A motorcycle accident attorney will provide logistical and emotional support during this process. Recovering from a severe motorcycle crash injury can be depressing and isolating. Your attorney has helped many injured clients before, so that they can help you with support during this difficult process.
Most injury victims find that a personal injury attorney provides peace of mind, knowing they have an experienced legal professional fighting for their rights and compensation. It helps to reduce anxiety about the case when you know that your attorney is handling everything. They are also comforted because the lawyer keeps them updated on their case and tells them what their legal options are every step of the way.
How Does A Motorcycle Accident Attorney Get Paid?
Worrying about how you’ll pay your motorcycle accident lawyer is understandable. Everyone knows that attorneys are expensive. The good news is that motorcycle accident lawyers understand your financial pressures and offer their services through a contingency fee.
A contingency fee means you do not pay hourly fees for your attorney’s services. Instead, the attorney is only paid if they obtain compensation for you in a settlement or court. The attorney will receive a percentage of your compensation for their legal services. Many lawyers use a sliding scale, getting paid less if the case settles and more if it proceeds to a jury verdict.
Your attorney also may cover the expenses for the case, including filing fees, expert witness fees, and more. The attorney may roll all expenses into the contingency fee when they obtain a settlement. Ensure that you know how your lawyer is paid before you agree to have them represent you.
A case contingency fee ensures that hiring a motorcycle crash lawyer is affordable. It also means your and the attorney’s interests are aligned.
How Much Will My Motorcycle Crash Settlement Be?
Every motorcycle crash case is different, so it’s hard to say what you may receive. However, we know that many motorcycle crash injuries are worse than other accidents, so your claim may be worth more than a typical car accident claim. Factors that may influence your motorcycle accident case value include:
- How severe your injuries are: Physical injuries from an auto or motorcycle accident are usually put into tier 1, tier 2, or tier 3. A tier 1 injury is the most severe, such as brain damage, spinal cord injury, or burns with permanent scarring. This type of injury will have a higher case value than a lower-tier injury, such as a sprain or broken bone.
- Your medical costs: A severe injury will incur higher medical expenses than a minor injury.
- Lost earnings: Someone who lost a year of work time from a severe motorcycle accident injury will have a higher case value than if they lost only a month of work time.
- Insurance available: Your case value can be limited because the available insurance coverage is less than your total expenses. So, if you have $100,000 in damages but the liable driver only has $25,000 of coverage, your claim may result in less compensation.
- Legal costs: Taking a case to a jury verdict is more expensive than settling it with the insurance company.
- Pain and suffering: A severe injury will be more painful than a minor one. Your case will be worth more if you have severe pain and suffering.
The compensation from a motorcycle crash case can vary widely based on these factors. However, your motorcycle accident lawyer will fight to maximize your compensation.
Speak To A Motorcycle Accident Attorney Today
Being injured in a motorcycle accident can be a grave matter that causes life-changing injuries or even death. You should always retain a motorcycle accident lawyer if another person causes the accident. Your attorney may help you receive compensation for medical expenses, rehabilitation, pain and suffering, mental anguish, and more. Your attorney is not compensated unless they obtain compensation for you. If the case is unsuccessful, you won’t have to pay any legal fees. Contact a motorcycle accident attorney in your area today for more information.
