After a motorcycle accident, you will face many challenges and hurdles.
Of course, you are dealing with health challenges on account of your physical injuries. At the same time, your finances are under constant attack, from bills and a potential inability to earn money at your job.
Handling all of these things is overwhelming, and you also have to face the legal process because you may only receive compensation for your motorcycle accident injuries if you prove the driver was negligent.
You must take many legal steps between the accident and when you may get a check, which can take considerable time.
The first critical choice that you will make is deciding whether you need a motorcycle accident attorney. Then, you must determine which lawyer to retain to represent you in the legal process.
In reality, you should proceed directly to the second step because you should always hire a Booneville motorcycle accident lawyer for your case.
There is too much at stake to trust yourself to your own devices, especially when insurance adjusters will try to take advantage of those who attempt to represent themselves to the fullest extent possible.
A motorcycle accident lawyer will play many roles in your case. First and foremost, they will establish and defend your legal rights to compensation. They will do what is in their power to get you the most possible money for your motorcycle accident injuries, fighting for you in a way that you cannot do for yourself.
When you hire a motorcycle accident attorney, all you have to do is promise that they will get paid a portion of the proceeds of your case, but only if you receive money in connection with your injuries.
You do not take on any financial risk when you get legal help because there is no single solitary check you must write to a motorcycle accident attorney. The agreement between you and your attorney will spell out the exact terms of their legal representation, and there will be no surprises.
If you do not already have a motorcycle accident attorney representing you, call not for your free initial consultation.
Here is what a motorcycle accident lawyer can do for your case.
Gather Proof of Negligence
Insurance companies will only accept liability in your case if they see that their own customer was negligent. Even though they investigated the accident, and they certainly know the facts, they need to see your evidence before they will enter into settlement negotiations. Accordingly, you must present the relevant evidence in your case before they will talk.
However, you are not a trained investigator, nor can you gather the evidence to show what happened in the motorcycle accident. Further, the proof available to you can be lost in a hurry if you do not take action to gather it.
Even if witnesses saw the accident, you need a lawyer to track them down, and their recollections may dull.
Your core obligation is to prove that the driver did something the average driver may not have done under the same circumstances.
A motorcycle accident attorney will take immediate steps to begin an investigation as soon as you hire them. They know how to gather evidence, potentially speak with witnesses, and even obtain forensic evidence to prove fault in your motorcycle accident case.
Your motorcycle attorney knows the ins and outs of accident reconstruction, liability laws, and insurance policies. They can gather evidence such as police reports, witness statements, and accident scene photographs to build a strong case in your favor.
Your attorney can also handle all communication with insurance companies on your behalf. Insurance adjusters may downplay your injuries or shift blame onto you. But with an attorney advocating for you, you can focus on your recovery while they handle the legal aspects of your claim.
Estimate the Value of Your Damages
Motorcycle accident injuries often result in significant settlements and awards. This result is not because of any rule other than that your compensation depends mainly on the effects of your injuries (as well as the amount of available insurance coverage to pay for your injuries).
Just like you have the burden of proof to demonstrate negligence, you must also prove your damages before receiving compensation.
Your calculation of your damages must be precise, and you need solid evidence to persuade the insurance company. Still, you can expect insurance companies to have their own view of what you may deserve in compensation.
You will encounter several potential difficulties when estimating the damages of your motorcycle accident.
First, you can get paid for your past and future damages.
You will need extensive documentation of your medical condition for the insurance company to understand what your prognosis is like.
Then, you will have subjective elements of your claim, such as pain and suffering, that you will also value. You must relay your own story and how you have suffered because of your motorcycle accident injuries.
Estimating damages in a motorcycle accident case requires a thorough understanding of the legal and financial aspects.
Your motorcycle attorney will look through insurance policies, medical records, and other relevant documents to build a strong case on your behalf. Their experience negotiating with insurance companies and advocating for your rights will increase your chances of receiving fair compensation for your damages.
Prepare Your Claim or Lawsuit
You must present a compelling case when you file a motorcycle accident claim or lawsuit. You do not want insurance companies to question whether they should bear liability in the first place or a jury to rule against you. You must put your best foot forward the first time because you may not get a second chance; thus, you must have legal representation.
Your motorcycle accident lawyer will most persuasively prepare your claim or lawsuit, including evidence about what happened.
If you opt for an insurance claim, they will also include proof of your damages. A motorcycle accident attorney has experience and knowledge that will allow them to know exactly how the insurance company will view your claim once you file it.
Negotiate a Settlement on Your Behalf
There is a high probability that your motorcycle accident case will end in a settlement agreement, regardless of whether you have filed a claim or lawsuit.
Although you may envision a trial in a courtroom as the climax of your case, this rarely happens. Both you and the insurance company often have a compelling interest in resolving your case before it reaches a jury.
Even though insurance companies may want to settle your claim, it does not mean they will do so immediately. Instead, they will subject you to a tortuous negotiation process because they think it gives them more leverage, knowing you are experiencing financial difficulty. Even if insurance companies concede liability, they will likely open settlement negotiations with a paltry offer that does little to reflect your actual reality. They want to put their marker on the table at the beginning of the negotiating position and do not expect you to accept their offer.
Especially if your claim is a large one, you will need to go through many rounds of offers and counteroffers before you even arrive at the same ballpark as the insurance company.
You will only know how much you deserve if you hire a motorcycle accident lawyer to help with your case.
Your motorcycle accident lawyer will then advise you on accepting an individual settlement offer. They may tell you to continue negotiating with the insurance company and will present counteroffers and evaluate any settlement offers you may receive.
If you reach a settlement agreement, your motorcycle accident lawyer will review the draft contract and make changes if necessary.
Litigate Your Case if Necessary
Dealing with the insurance company in the claims process is strictly optional, and you do not have to file an insurance claim. You may recover motorcycle accident compensation, and it is up to you to choose how to pursue it.
You always have the right to file a motorcycle accident lawsuit. You may begin your case this way to put maximum pressure on the insurance company. Everything depends on the facts and circumstances of your case and your motorcycle accident lawyer’s professional advice.
Litigation is something that insurance companies fear. If they deny your claim or insist on blaming you for the accident, you can always file a lawsuit.
Your motorcycle accident attorney will begin this process by drafting the legal complaint and serving it to the responsible driver. Insurance companies must provide an attorney to defend their driver in court.
You need a motorcycle accident attorney who can litigate your case if necessary because it takes experience in the courtroom to take on the insurance company’s lawyer. You should ensure that your motorcycle accident lawyer has significant time in the courtroom before hiring them.
Protect Your Legal Rights
As an injured motorcyclist, you may feel the insurance company has it in for you, and this representation is not far from the truth. Insurance companies may need to pay you a significant amount if you can prove that their driver was at fault. Thus, they need to go after you in any way they can so they can pay you less or even nothing.
One of the favorite tricks insurance companies use is blaming you for the accident, even though you may feel you were the victim. They are well aware of the laws of your state that will, at a minimum, allow them to reduce your compensation if you were partially at fault for the accident.
Once the insurance company accuses you of wrongdoing in your motorcycle accident claim, you must defend yourself, even if you do not think you did anything wrong. You may lose significant compensation if you do not fight the insurance company’s accusations.
When Should I Hire a Motorcycle Accident Attorney?
It can take you a considerable amount of time before you reach the point of maximum medical improvement. In that time, the strength of your case can slip away because you will no longer have access to vital evidence that you will need to demonstrate liability.
At the same time, insurance companies may have already taken action to protect themselves from liability at your expense.
All this is to say that you need a motorcycle accident lawyer for your case, and the good news is that there is not much you have to do to hire one.
You have to place a phone call or use the attorney’s website to schedule a free initial consultation to discuss your case. When you hire a motorcycle accident attorney, they will begin work on your case.
You may take some time to reach a settlement agreement with the insurance company, and it may take even more time if you have to litigate your case in court.
Even if you are not ready to file a motorcycle accident claim or lawsuit for some time, your lawyer can at least begin to lay the groundwork. It helps to prepare so that when your motorcycle accident lawyer advises it is the right time to file your claim or lawsuit, you are ready to go.
Hire a Skilled Motorcycle Accident Attorney for Best Results
Hiring a motorcycle accident lawyer can make a significant difference in the outcome of your case. They will provide guidance, fight for fair compensation, and offer invaluable support throughout the process.
After a motorcycle accident, do not hesitate to contact a personal injury attorney with experience in motorcycle accident cases. They will go the extra mile to protect your rights and ensure you receive the compensation you deserve.
