The hours and days after a serious motorcycle accident are a blur. A wrecked bike. Pain. First responders. The ER. More pain. Bills piling up while you’re out of work. You probably don’t know what to do and where to turn for help.

After getting medical attention, your next contact should be with a motorcycle accident attorney. The attorney can review the accident and determine if another driver’s negligence injured you. If so, you can seek compensation for your medical bills and other losses.

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What Is A Motorcycle Accident Attorney?

A motorcycle accident attorney is a type of personal injury lawyer focusing on motorcycle accidents. An attorney can seek compensation for economic and non-economic losses, including:

  • Current and future medical treatments
  • Lost earnings and possibly lost earning capacity for serious motorcycle crash injuries
  • Reduced life quality
  • Pain and suffering
  • Mental anguish from injuries and treatments
  • Property damage

When another party injures you in a motorcycle accident, state law entitles you to compensation for your losses. Obtaining compensation requires the motorcycle accident attorney to prove these elements of negligence:

  • The driver owed you a duty of care. For example, a car driver must obey traffic laws and not endanger others.
  • The driver violated their duty of care by hitting you on your motorcycle.
  • You suffered injuries because they breached the duty.
  • You have damages from your injuries, including medical bills and lost income.

You should always hire a motorcycle accident attorney when another party injures you. Motorcycle accidents often cause severe injuries, and your damages can be considerable.

What A Motorcycle Accident Attorney Will Do For You

Let’s assume that another driver hit and injured you on your motorcycle at a red light. You have broken bones and a concussion. You’re thinking about simply reporting the incident to your insurance company and handling it yourself to avoid searching for a lawyer. This is unwise. Your motorcycle accident lawyer can benefit you in many ways, including the following.

Explain Your Legal Rights

Your legal rights as an injured motorcyclist may be unclear after your accident. When another person injures you, and you can prove it, you are entitled to compensation in a personal injury claim.

Generally, you can file a claim against the other driver’s insurance company to receive compensation for your losses. However, a motorcycle accident attorney should be consulted because you may not know you have the right to cover all your damages, including medical bills, lost earnings, and much more.

Most injury victims who settle their own cases don’t get nearly as much money as they should. They simply don’t know what their legal rights are in terms of compensation. Your attorney will ensure that the insurance company doesn’t take advantage of you because you don’t fully understand your rights to compensation.

Build Your Motorcycle Accident Claim

As mentioned, your motorcycle accident attorney must prove that another party violated their duty of care and injured you. It’s not enough to just say that the other party is responsible. Your attorney must prove with the evidence in your claim that the other driver was negligent.

Your motorcycle accident lawyer knows all the details and evidence needed to prove fault in the accident. The evidence they may collect can include:

  • Photos and videos
  • Surveillance camera footage
  • Witness statements
  • Vehicle damage reports
  • Medical records
  • The police report

Your attorney will also obtain your medical records and doctors’ statements to prove your damages and the compensation you need for medical expenses. They also may call in expert doctors to discuss your prognosis.

Negotiate A Fair Accident Settlement

When your motorcycle accident attorney submits your claim to the insurance company, they will review it and take a few days or weeks to answer. Typically, the adjuster will offer a low settlement that doesn’t pay all of your damages. Perhaps they will offer to pay your medical bills up to a certain amount. Your personal injury attorney knows to reject such a small offer.

Motorcycle accident attorneys know how to negotiate with insurance companies. They understand that an offer ‘to pay your medical bills’ doesn’t mean much. You don’t know your bills yet, and the insurance company may object to paying for anything it deems ‘not medically necessary.’ Your attorney will aggressively negotiate a settlement that pays you fairly for your current and future medical needs, current and future lost earnings, pain and suffering, property damage, etc.

Negotiating a fair settlement for motorcycle accident injuries takes time. You may not get the best settlement early on. Your attorney will probably tell you to wait until you reach maximum medical improvement or MMI before settling. You should understand what your full medical expenses are, as well as how much you will recover. Only then should serious negotiations begin.

Go To Court

Most motorcycle accident claims are settled. The insurance company usually wants to settle the case so there isn’t a risk of going to trial and paying more. As the injured person, you probably want to get money in your pocket sooner than later.

However, some cases go to trial because the sides cannot agree on a fair settlement. Your motorcycle accident attorney will represent you in court if this happens. They will build the best case with the evidence to show that the other party injured you and caused your damages.

When Should You Always Hire A Motorcycle Accident Attorney?

The truth is that most injured motorcyclists should hire an attorney when they think the other driver caused the accident. However, there are several times when you should always hire a motorcycle accident attorney:

  • When you have severe injuries: Most motorcycle crashes cause debilitating injuries and a destroyed motorcycle. You probably have a lot of money and your health on the line. A motorcycle accident attorney should represent your interests.
  • When liability is disputed: Is the other party blaming you for the accident, and you have serious injuries? Always hire a lawyer to fight for your rights.
  • The insurance company is lowballing you: You have $50,000 in medical bills and the insurance company only offers $25,000. It’s time to call a lawyer.
  • You cannot reach a fair settlement and need help filing a lawsuit: Whenever there is a potential for a lawsuit, you need a skilled attorney with litigation experience handling your claim.
  • Multiple drivers and injured parties are involved: Accidents with numerous vehicles are difficult to settle, and a motorcycle accident attorney should always represent you.

A motorcycle accident law firm will make the case go much more smoothly. You can concentrate on your recovery and not legal and insurance headaches.

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What Is Your Motorcycle Accident Claim Worth?

You are injured and out of work. It’s natural to worry about what your motorcycle claim is worth. Unfortunately, there is no easy answer to this critical question. Your claim might be worth a lot or a little. It all depends. The good news is that we know that the following factors influence the size of a motorcycle accident settlement:

  • Liability: A case with a high value usually has a clear cause of the accident. For example, if a car rear-ended you on your bike and broke your back, it’s clear they were at fault. The insurance company probably won’t contest liability for a cause of apparent liability with a significant injury. This increases the settlement value.
  • Degree of injuries: People with severe injuries have higher motorcycle accident settlements. For example, if you have a severe brain injury that affects your ability to work and care for yourself, your settlement value will be higher. Someone with a less serious injury, such as a broken ankle, might receive less.
  • Insurance coverage: You might have $500,000 in damages, but if the driver only has $100,000 of coverage, you may not receive full compensation. However, your motorcycle accident attorney will know if the driver has assets, such as savings, investments, and real estate. In this case, filing a personal injury lawsuit for the rest of your losses can be worth it. You might also file an underinsured motorist claim with your own carrier, and your lawyer can handle this process.
  • Settling or trial: Out-of-court settlements are usually the preferred method of resolving motorcycle accident cases. This provides funds sooner without the need for a trial, saving everyone resources. However, not every insurance company makes a fair settlement offer, which can make filing a lawsuit and going to court necessary.
  • Jury bias: Suppose your motorcycle accident claim goes to trial. Some juries don’t favor motorcyclists because most have seen one ride recklessly before. It isn’t fair, but some juries have a bias against motorcyclists. Your attorney will work to ensure this doesn’t affect your case, but it is a factor in motorcycle accident lawsuits.

How Long Will The Motorcycle Accident Settlement Take?

The time it takes to settle your case and get money in the bank also depends on a few things. If your claim is simple, it might all be done in a few weeks, but more complex cases take longer. Most motorcycle accident settlements occur in this order:

  • Hire a motorcycle accident attorney: Your attorney should be hired early in the case so they can immediately build your claim with accident evidence, including witness statements, police reports, surveillance video footage, and crash scene evidence.
  • File the claim with the insurance company: You and your attorney will file a claim with the liable driver’s insurance company and present all the evidence of fault and your medical bills.
  • Receive a settlement offer: If the insurance company accepts liability, the adjuster will send a settlement offer to your motorcycle accident attorney. This will be a low number that your attorney will counter with a slightly higher one.
  • Reach a settlement offer after extended negotiations: Negotiations usually go on for a few weeks, or months, for a more serious case. At some point, the insurance company makes its final offer, and your attorney will recommend accepting it or filing a lawsuit.
  • Go to court: Most motorcycle accident claims are settled. However, your attorney might recommend filing a lawsuit and going to trial if they think you can get more money from the jury.

There are many steps in settling a motorcycle accident claim or lawsuit. Some cases proceed through these steps in a few weeks, but most will take several months. Going to court with a lawsuit might take a year or more. Getting the trial set on the court calendar can take many months. Generally, your attorney will recommend settling your claim for the insurance company’s best financial offer. But the choice is yours about whether to settle or sue.

What Will A Motorcycle Accident Attorney Cost?

Many injury victims worry about hiring a lawyer when they cannot afford it. They are hurt and out of work, so how can they hire an attorney? Personal injury attorneys work on a pay system different from other lawyers.

Motorcycle accident attorneys take cases on a contingency basis. This means they don’t charge by the hour or seek a retainer fee upfront. Instead, as their fees, they receive a percentage of your settlement or jury award. While the percentage may vary, it must be reasonable according to the facts of your case.

Also deducted are any legal expenses, such as filing fees, documentation fees, fees to hire expert witnesses, etc. Most personal injury law firms front these expenses during the case and are reimbursed from the settlement. This means you do not need funds to cover any out-of-pocket expenses to pursue compensation, as the law firm provides these resources ahead of time.

This fee arrangement allows anyone access to motorcycle accident representation, no matter their financial means.

Talk To A Motorcycle Accident Lawyer Today

Did a driver injure you in a motorcycle accident? You might have immense medical bills and lost income. You don’t have to pay for your injuries yourself. The other driver should pay for your losses. You can receive fair compensation for your injuries by hiring a motorcycle accident attorney to represent you. Call a personal injury lawyer in your area today for a free consultation.

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