It’s easy to see why people are attracted to motorcycles. Bikers feel a sense of freedom on the open road that you can’t feel when driving another vehicle. The ability to travel for miles in open air attracts millions of drivers every year to take to the open road on their bikes. However, the small size and lack of protection that you enjoy driving passenger vehicles can result in more serious injuries and fatalities when motorcyclists are in accidents. The risk of severe injury and death increases even more when other drivers are distracted or fail to see a motorcycle because of its smaller size.
Common injuries in motorcycle accidents include road rash, broken bones, spinal injuries, traumatic brain injuries, and death. These severe injuries usually require long hospital stays and an even longer recovery. Additionally, bikers with extensive injuries must make multiple visits to physical therapists and other rehabilitative professionals just to regain the ability to do everyday activities like walking. Medical bills pile up, and the inability to work causes financial stress that can be difficult to recover from, especially without an experienced motorcycle accident attorney on your side.
If you’ve suffered injuries while riding your motorcycle due to the carelessness, recklessness, or negligence of another person, you deserve compensation. Because motorcycle accidents typically result in more severe injuries, costlier medical bills, and longer recovery times, the issue of liability is often highly contested.
A skilled motorcycle accident attorney with experience in representing bikers and an understanding of the risks they face will fight to protect your rights and get you the compensation you deserve. He understands that settlement offers must reflect your current and future medical bills and the loss of income you are likely to face. The experienced motorcycle accident attorney also knows the complexities of this type of case and the confusing or dishonest tactics used by insurance carriers to avoid compensating you for your injuries.
Contact an attorney immediately after you are involved in a motorcycle accident so that he can get started on your case right away. It is his job to investigate your case, go after the person who has caused your injuries, and negotiate settlements or litigate your case on your behalf. If you have never been a party to a motorcycle accident case, the following will provide you with information on what you can expect from your motorcycle accident attorney.
Your Initial Consultation With a Motorcycle Accident Attorney
Even if your injuries prevent you from traveling to an attorney’s office, you still have the chance to consult an attorney regarding your motorcycle accident. An experienced motorcycle accident attorney will meet you at the hospital or wherever you are recovering from your injuries to discuss your case and the options for recovery available to you.
At your first meeting with your motorcycle accident attorney, he will begin by asking you what happened. Be upfront and honest with your attorney so that he can effectively represent you. Leaving out any information hurts your case and may prevent you from recovering damages for your injuries.
At the consultation, your attorney will also advise you to refrain from speaking with anyone representing the defendant or any insurance company. Because insurance companies are businesses looking to make a large profit and avoid paying for injuries, they will use anything you say to them against you. Additionally, when you inform an insurance company that you have counsel, they are typically prohibited from contacting you to discuss your case.
Your attorney will ask a lot of additional questions during your consultation regarding the specific circumstances of your case, including about the party responsible for your injuries and from whom you should seek compensation, the severity of your injuries, and the medical expenses you’ve paid and continue to face. Additionally, you should prepare to answer questions that may seem personal or odd for him to ask. Even the seemingly random questions serve some important purpose to your case.
Your attorney will likely be expecting questions from you, too. Some questions you may want to ask your lawyer include their opinion about your case, who in the firm will personally handle your case, and in what ways you can reach your attorney. If you have any questions at all, no matter how insignificant you think they are, it is wise to ask your attorney. Successful claims typically involve mutual understanding and trust between the attorney and the client.
There may be reasons why an attorney chooses to decline to take your case, including a large caseload or lack of a claim upon which the court can grant relief. However, if the attorney chooses to take your case, he will gather as much information as possible to determine strengths and weaknesses. He will begin to formulate a strategy to win your case and get you the compensation you deserve for your injuries. Once he decides on how to move forward, he will communicate his process clearly and will continue to provide updates in your case.
Your Attorney Will Present You With a Fee Arrangement
When it comes to motorcycle accident claims, attorneys work the case on a contingency fee basis. This means that when you win the case, your attorney will collect a percentage of the compensation you’re awarded for his fee. The contingency fee agreement will be in writing and clearly state the percentage of the award that he will collect. Your fee agreement should also address court costs and other fees.
In Some Cases, Your Motorcycle Accident Attorney Will Initiate a Lawsuit
If the insurance company refuses to make a reasonable offer, your lawyer will likely file a complaint in the appropriate court. The complaint outlines your case against those responsible for your injuries. It sets forth the facts of your case and the legal claims that give rise to the lawsuit,
When you file your complaint, a copy of it and a summons will be served on the defendant. The summons simply notifies the defendant that he is being sued and states the time in which he must answer the complaint or face the court entering a default judgment against him.
Once the defendant files his answer, any motions, and affirmative defenses, the discovery process starts. During this fact-finding phase, your attorney will seek written discovery from the defendant. Written discovery includes interrogatories, requests for admissions, and requests for production of documents. Additionally, your attorney may depose the defendant and any other witnesses. During a deposition, the party under questioning will have to answer your lawyer’s questions under oath.
Before trial, your attorney and the defendant’s attorney will likely engage in pre-trial negotiations in an attempt to settle the case. A settlement is an agreement in which you agree to release the defendant of liability for your injuries in return for a sum of money. An experienced motorcycle accident attorney will know how to present your case to the defense so that they offer a higher settlement.
Your motorcycle attorney may advise you not to settle and take the case to court. A motorcycle accident attorney with courtroom experience will understand if there is a likely chance of you winning. Whether an offer is low or not, your attorney will clearly communicate an offer to settle. Ultimately, you decide whether to accept an offer or proceed to trial.
Your attorney may also advise that you take part in mediation to further settlement efforts. During mediation, a neutral third party, the mediator, will meet with both sides and gather information regarding each side’s desired outcome of the case. While a mediator may help in the parties’ attempts to settle, he cannot order the parties to settle.
Another pretrial negotiation method your attorney may advise is arbitration. Arbitration is like a trial in that it is an adversarial proceeding where both parties offer evidence, and the arbitrator issues a decision regarding who wins the case. However, unlike a trial, there is no judge, no jury, and certain rules of evidence won’t apply. When the arbitrator makes a decision, it can be binding or non-binding. You can expect your attorney to fully inform you on the different types of pre-trial negotiations and whether entering into negotiations is conducive to your case.
If you completed discovery and haven’t reached a settlement agreement, your attorney may file a motion for summary judgment. Parties file motions for summary judgment when neither party disputes the facts in the case and the court must enter a judgment for one of the parties. Because a trial lets the judge or the jury decide the facts, when there is no dispute as to the facts, there is no need for a trial.
If the opposing party is the one who files a motion for summary judgment, your attorney will offer evidence under the rules of evidence to show that certain facts are in dispute.
During the trial, your motorcycle accident attorney will take part in jury selection and present an opening statement. Both sides will have the opportunity to offer evidence, hear witness testimony, and cross-examine any of the opposing party’s witnesses. After closing arguments, the jury will deliberate and return a verdict.
If you and your attorney do not agree with the court’s decision, he may offer to file an appeal. An appeal allows each party to submit a brief to the appellate court. The appellate court will then review the briefs and the record of the trial court. The appellate court will then either affirm the decision of the trial court or, if it finds an error, reverse and remand it to the trial court for a new trial.
What Compensation Can I Expect?
Hiring a motorcycle accident attorney will significantly increase your chances of collecting more compensation for your injuries. There are certain damages to which you are entitled, and your attorney will fight for the maximum amount. Damages that your attorney will litigate for include economic damages, which often include medical costs and loss of income. Medical Costs include those for surgery, visits and stays in the hospital, doctor’s visits, prescription medications, and medical devices such as crutches or a wheelchair.
Damages for loss of income include the compensation for the wages you missed out on as you recovered from your injuries. It also includes future wages you won’t receive where you can no longer do the work you performed before your motorcycle accident.
Your motorcycle accident attorney will also fight for non-economic damages. These damages are not easy to calculate and compensate you for the physical and emotional or mental distress that results from your accident. These damages include compensation for pain and mental anguish you’ve suffered and compensation for loss of enjoyment of life.
Your attorney will also fight for compensation for the damage to your property. This can include compensation for damage to your motorcycle, including for the cost to repair or replace it, as well as for damage to gear and clothing.
If you or a loved one suffered injuries in a motorcycle accident because of someone else’s negligence or recklessness, call a motorcycle accident attorney as soon as possible. Timing is extremely important in motorcycle accident claims, and hiring an attorney increases your chances of getting the compensation you deserve.
Additionally, because insurance companies will use tactics that a non-lawyer may find difficult to understand, hire a knowledgeable motorcycle accident attorney to represent your interests and fight the insurance companies seeking to avoid compensating you. Lastly, your motorcycle accident attorney will zealously protect your rights while being straightforward with the direction he believes your case should go and the likelihood that you will win your case.
