Motorcyclists account for 14% of all traffic fatalities and 17% of all occupant fatalities each year. Fatalities increased by 8% year-over-year. If you were recently in a motorcycle crash, don’t hesitate to file a claim. Filing a motorcycle accident lawsuit will ensure you don’t pay for damages out of your own pocket.
Not sure what to expect after filing a lawsuit? Read on to prepare yourself to begin this process today!
Gather Evidence
Immediately after a motorcycle crash, it’s essential that you gather evidence to support your claim. Following an accident:
- Call the police
- File a police report
- Get the other driver’s info
- Take photos and videos
- Write down what happened
- Contact your insurance company
- Visit a doctor
Calling the police will allow you to create an official record of the accident. The officer’s report might indicate who was at fault for the crash. To win your motorcycle accident lawsuit, you’ll need to prove the other driver was negligent and at fault.
Don’t hesitate to visit a doctor immediately after the crash. Only a doctor can fully assess your injuries. Documenting your motorcycle injuries can help you maximize your claim.
You may not experience symptoms until days or even weeks after the crash. Neglecting to seek treatment could lead to dire consequences.
For example, you could suffer from an internal bleeding injury, which could prove fatal.
Keep track of your injuries, doctor’s appointments, treatments, medications, surgeries, and medical bills. Bring these documents to your motorcycle crash attorney.
Determine Losses
In order to maximize your claim, you’ll need to determine all losses associated with the accident. Your losses can include your:
- Recent lost wages
- Future lost earnings
- Medical expenses
- Property damage
- Pain and suffering
When you receive an initial offer from an insurance company, they’ll only consider your existing medical bills and lost income. They won’t consider the losses you’ll incur in the future as a result of the crash.
For example, your injuries could prevent you from returning to work. They could impact your earning ability if you sustain lasting injuries.
Motorcycle accidents can result in catastrophic injuries. Injuries that lead to extensive losses include traumatic brain injuries, amputations, and spinal cord injuries. Your attorney will consider the extent of your injuries before beginning negotiations.
An experienced motorcycle accident lawyer will estimate your future lost earnings. These include:
- Inflation
- Potential raises
- Bonuses
- Sick days
- Vacation time
They’ll also consider intangible losses. For example, physical pain and suffering, mental trauma, and lost enjoyment of life. A permanent disability or disfigurement can also impact your claim.
An experienced lawyer will help maximize your claim by calculating the full extent of your injuries. With their help, you can avoid leaving money on the table.
Don’t talk to the other party’s insurance company without your lawyer present. Remember, the insurance company will send you a lowball offer. They might take something you say out of context, impacting your ability to fight for compensation.
Find a Lawyer
Don’t file a motorcycle accident claim without hiring a lawyer first.
An experienced lawyer will ensure you don’t make costly mistakes that can impact your claim. Look for an attorney who specializes in auto and motorcycle accident lawsuits. Determine how long they’ve practiced locally.
Read client reviews to make sure you’re choosing a trustworthy, qualified attorney.
Their understanding of local laws and procedures can ensure you avoid mistakes. They’ll also ensure the statute of limitations doesn’t lapse.
Your lawyer will also provide you with a thorough understanding of the lawsuit process.
You can contact a Moncks Corner Personal Injury Lawyer here to streamline your search.
File a Claim
To file a claim, you’ll need to prove the other driver caused the accident, which led to your losses. Your lawyer can help you prove that the other party was negligent. Negligence can include:
- Distracted driving
- Speeding
- Not yielding
- Drinking and driving under the influence
- Tailgating
Once you file a claim, it can take a few months before it’s resolved. The duration of your case will vary based on its complexity. Hiring a lawyer with motorcycle accident case experience can streamline the process.
Otherwise, small mistakes, even with paperwork, can cause delays. A judge might not take you seriously if you try to represent yourself in court.
In the meantime, keep track of your medical bills and other expenses.
Negotiations
The other party might want to settle the case before going to court. However, this isn’t always the best option.
Make sure to consult your lawyer before agreeing to settle the case. They can help you make an informed decision. For example, they might suggest you take the case to court if the settlement offer is too low.
Some cases have an alternative dispute resolution. These cases involve a neutral third party. If you choose mediation instead of going to court, the process can take between a few hours to a few days.
If the accident claim is taken care of out of court, the lawsuit will be dismissed.
File Your Motorcycle Accident Lawsuit Today
Don’t try to file a motorcycle accident lawsuit alone. Otherwise, you could unintentionally leave money on the table. You might make a mistake that leads to your lawsuit getting thrown out.
Instead, hire an experienced motorcycle accident attorney. Hiring a lawyer will increase the chances you’ll maximize your claim.
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