You have been in a motorcycle accident and have a long road ahead of you towards recovery. The last thing on your mind is medical bills, or at least that should be. Unfortunately, for many accident victims, medical losses are just one component of the complications they have to face. When you are facing an uphill battle, learn how a motorcycle accident lawyer can help you.
An attorney that works solely for you and your benefit is a critical investment. The most important factor to know is that insurance companies are not working on your behalf. The attorney you hire will be dedicated to providing you with clarity on your legal matter.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident attorney provides victims insight into their legal rights to full and fair compensation after someone else causes their losses. This includes providing clear insight into what type of compensation you are owed, who may be responsible, and what legal strategies are best suited for your situation.
Filing an insurance claim may not seem challenging. The actual process is not. However, what is complex is getting the insurance company to provide you with fair compensation when they may likely try to blame you for what occurs.
Consider how a motorcycle accident attorney can work to pursue full compensation owed to you under the law. Consider the risks. Motorcycle accidents are common in the US. In fact, 15 percent of all traffic fatalities in 2022 were attributed to motorcyclist deaths, according to the National Highway Traffic Safety Administration. You need an attorney who can advocate for your recovery of losses.
Determining fault in a motorcycle accident case
One of the most important steps a motorcycle accident attorney can provide to victims is clarity on fault. It is very common for motorcycle riders to have unjust bias against them. They are often seen as reckless or risk-taking riders who often cause their own demise. This is not true for most riders, and any type of unfair belief that it is can put your case at risk.
Your attorney ensures that it is clear that you are not at fault in every situation possible. To do that, our lawyers use evidence to help build a strong case for you. An experienced attorney can often obtain more sensitive or complex data to help prove your case. Some examples of this include:
- Photos and videos of the incident from traffic cameras or others nearby that you may not know exist
- Data from medical records from those who caused the accident potentially proving that the other driver was intoxicated
- Witness statements that verify that you were not responsible for what occurred, including people the police may not have spoken to at this point
- Data from the police report that helps to show that you are, in fact, not responsible, including data from police officers on the scene
- Expert witness statements, including professionals that can recreate an accident scene from the damage and evidence to prove what occurred
Your motorcycle accident attorney’s job is to ensure that any type of information that can be helpful to show that you were not at fault is made available. These details make it much harder for an insurance adjuster to try to refute your claims.
If the police report does not indicate fault or the information there is not accurate, seek help from an attorney. Through our conversations with the police and the development of evidence, it may be possible to change that detail.
Determining losses in a motorcycle accident case
Proving someone else is responsible is the first step. The second step is to prove what your losses are. This can be a very important step in nearly every case involving a serious motorcycle accident. Significant injury is common. Many people are faced with catastrophic injuries and are unable to fully recover from them. As a result, you cannot afford not to get all the compensation owed to you in a case like this.
To determine losses, a motorcycle accident attorney will gather intimate details of your accident, injuries, and prognosis. To do this, evidence gathered may include:
- Medical bills that demonstrate the care you received: This may include all costs associated with your injuries, including emergency medical care you received, hospital stays, surgeries, rehabilitative procedures and treatment, medications, and much more.
- Lost income and benefits at work: If you missed time at work (or school) as a result of the accident, such as due to hospitalization or recovery, you may be owed compensation for that time.
- Property damage to your vehicle and belongings: Motorcycles are valuable assets, and damage to them, even minor, can be very costly to repair. Your attorney will help determine if your bike can be repaired or if you are owed compensation to replace it.
These are the most important initial losses, often called economic losses. These are also losses that are easier to document since you may have physical proof of what you paid or were not paid as a direct result of the accident.
In addition to these losses, most motorcycle riders also face a huge obstacle to recovery and rehabilitation, and that comes from pain and suffering. Non-economic damages include any type of losses you have that are less specific in terms of dollar amount but often even more impactful. These are damages that often fall under the claim of pain and suffering. Some examples of how your attorney can help you in this situation include:
- Putting a value on the physical pain you were in at the time of the accident
- Considering ongoing limitations you face, such as the impact on your quality of life, hobbies, and relationships
- Loss of consortium claims when your relationships change as a result of the accident
- Emotional distress, including financial support to cover the need for mental health disorder treatment, including depression, anxiety, and post-traumatic stress disorder
- Reduced quality of life may be an applicable claim; if you suffered serious injuries that make it impossible for you to do the things you enjoy doing, your motorcycle accident attorney will work to provide those details here
- Future medical expenses can also be a factor; many people with motorcycle accident injuries will need years of recovery and rehabilitation
- Disfigurement is also a consideration and may play a role in your claim if you suffered scars, amputations, or other types of changes to your looks as a result of the accident
Many individuals face a wide range of complications from their motorcycle accident. This includes physical, emotional, mental, and financial loss. Your motorcycle accident attorney will make it their priority to ensure you fully understand how this accident has impacted you, your life, your family, and your future. With their experience, they can pinpoint the true value of these types of claims.
Build a strong legal case for you
Your motorcycle accident attorney is also responsible for building a strong legal case for you. Insurance adjusters will usually settle the case out of court, but that does not mean you can count on receiving fair compensation. With the help of your attorney, you can often build a very strong case that makes it nearly impossible for the insurance adjuster to fight you on your claims.
This may include:
- Proving that the other driver was distracted or intoxicated
- Demonstrating that your injuries were due to the aggressive behavior of the other driver
- Building a case that demonstrates how complex your recovery will be over time (and what types of limitations you may have)
- Calculating losses based on other cases that have been tried before you and paid out more
- Providing you with any legal support necessary in conducting the legal investigation, including seeking out data that may not be available to the general public
Your case will include evidence, photos, detailed witness statements, accident re-creation information, and statements from you about what occurred. This whole body of information will help your attorneys prove all your losses.
Handle the insurance company for you
A motorcycle accident attorney is also tasked with handling the insurance company for you from start to finish. This includes answering the insurance company’s questions and working as somewhat of a gatekeeper to you. That is, in situations where the insurance company wants to ask you questions, they have to speak to the attorney first. More so, your attorney will help with other insurance-related matters, including:
- Minimizing your need to deal with any harassment
- Protecting your private information, including your medical records, should they seek them in an unjust way
- Minimizing the risk that they will trick you into accepting blame or admitting that your injuries are not as bad as you claim
- Providing you with confidence that you are answering questions in the best possible manner
- Establishing a clear level of communication with the insurance company to minimize delays
Every situation involving an insurance company will be complex. That is because motorcycle accident cases can be some of the most costly to these companies. Consider, for example, that a serious accident involving a traumatic brain injury or paralysis can mean that the victim is no longer able to work and has lost their quality of life. You need someone to fight for you so they do not hurt you further.
Fight for your fair compensation
Your insurance claim is meant to “make you whole again.” There is no way for this money to fix what you have lost or make this go away. Yet, you deserve full and fair compensation for the losses you incurred. The motorcycle accident attorney will work hard to ensure your claim is comprehensive. Consider, for example, the consequences of not getting the compensation you are owed:
- You may end up with medical bills you cannot pay. This can mean that doctors and specialists do not continue to provide you care.
- You may also need financial compensation to cover your future medical needs. These may include complications from injuries like infections and secondary surgeries you may need in the years to come.
- Ensure your medical needs are met. In some situations, you may need to retrofit your home to accommodate any limitations you have. You may need help in your home from a nurse or ongoing support for activities you enjoy doing. You cannot afford not to receive fair compensation.
With a motorcycle accident attorney, you gain insight and support. You need to know not just what you are owed but also how to ensure you get the best possible outcome. Seek out an attorney who is ready to fight for that.
Go to court for you
Your motorcycle accident attorney will always try to settle your claim out of court for the highest dollar value possible. When there is a necessity to go to court, the attorney will:
- Prepare all documentation to do so
- Inform the courts of the action
- Find all witnesses and evidence to back up your claims
- Obtain any professionals who can verify medical- or accident-related losses
- Build a strong case for what the other driver did to cause this incident
- Create a clear plan forward for showcasing your evidence
This is not a simplistic job, but with the help of an attorney, you gain the confidence to know it is being done properly. You simply need the funds available rightfully under the law to continue living the lifestyle you are used to.
Hiring a Motorcycle Attorney Is Critical
A motorcycle accident attorney has the experience and legal fortitude to go up against some of the most challenging insurance companies and adjusters with one sole goal: to help you get fair treatment and compensation owed to you when someone else causes your injuries. This is a serious step in your future. Do not let just anyone help you with this legal matter. Instead, look for a well-qualified, experienced attorney who can guide you throughout the process.
Case evaluations with a personal injury lawyer are free, so you have nothing to lose by scheduling yours today.