The hours and days after a motorcycle accident can be filled with pain, anger, frustration, and confusion. You might not know where to turn, even though you’re sure the wreck wasn’t your fault. The following is information to help guide you through this difficult time so you can protect your rights and get the money you deserve with the help of a motorcycle accident lawyer.
Get Medical Help
After a motorcycle accident, getting proper medical treatment is critical. We can’t overstate the importance of seeking medical attention. Even if you believe your injuries are minor or don’t think you’re hurt, it's crucial to let a doctor evaluate you.
In many instances, injuries sustained in motorcycle accidents may not immediately show symptoms. But those injuries can worsen over time if left untreated. Internal injuries, concussions, or soft tissue damage can lead to severe complications if not addressed promptly.
By seeking medical attention, you not only protect your health but also create a record of your injuries. This documentation becomes crucial if you pursue a personal injury claim later.
Following the recommended care plan is another vital aspect of getting proper medical treatment. This plan may include medication, physical therapy, or rehabilitation. Adhering to medical advice promotes your recovery and strengthens your case if you pursue compensation for your injuries.
The insurance company representing the at-fault party can use your failure to seek or follow medical treatment against you. They’ll argue that your injuries aren’t severe or weren’t directly related to the accident.
Why You Should Never Speak With an Insurance Company Without an Attorney
Speaking with an insurance company adjuster without legal representation can be risky. Insurance adjusters are skilled negotiators who work for the insurance company, not for you. Their primary goal is to minimize the money the insurance company pays out in claims. Therefore, they may claim you’re not that badly hurt or try to argue you’re to blame.
Without legal representation, you may accidentally say something the insurer can use against you in negotiations or court. Insurance adjusters may try to get you to admit fault or downplay the severity of your injuries. They may also pressure you into accepting a settlement far below what you deserve. An experienced motorcycle accident attorney can protect your rights and ensure you don’t fall victim to these tactics.
Another critical reason to avoid speaking with insurance companies without legal representation is that you may not know all your rights and options. An experienced attorney can provide invaluable advice and advocacy, ensuring you understand the legal process and your entitlement to compensation. They can navigate complex legal issues, gather evidence to support your claim, and negotiate with insurance adjusters on your behalf.
Delay Tactics
Insurance companies may use tactics to delay or deny your claim altogether. They may request extensive documentation, drag out the claims process, or dispute liability to wear you down and force you to accept a lower settlement. Having an attorney on your side can help expedite the claims process and hold the insurance company accountable for its obligations under the policy.
Speaking with an insurance company without legal representation can be emotionally taxing and overwhelming, especially when you're dealing with the aftermath of a traumatic accident. An attorney can provide support and guidance during this challenging time, handling all communications and negotiations with the insurance company so that you can focus on your recovery.
How a Motorcycle Accident Lawyer Can Help You Obtain Fair Compensation
Hiring a skilled motorcycle accident attorney will be your best chance of getting the compensation you deserve. They have the legal knowledge and experience to handle the complexities of personal injury law and negotiate with insurance companies. An attorney will gather evidence, interview witnesses, and work with medical professionals to build a strong case for compensation.
One of the key ways a lawyer can help is by calculating the full extent of your damages. This includes medical expenses, property damage, lost income, pain and suffering, and future medical costs.
Insurance companies may offer a quick settlement that only covers immediate expenses, but an attorney will fight for a settlement that reflects the actual cost of your injuries.
The cost of a motorcycle accident can be staggering. For example, a 25-year-old suffering a severe spinal cord injury can face costs of more than $4 million. Even a relatively minor knee surgery can cost as much as $25,000. You need an attorney who will know the full extent of all your accident-related financial losses and fight to recover every penny.
A motorcycle accident can result in other expenses as well, including lost income, emotional trauma, and others.
You may be tempted to navigate the legal process on your own. But you must know you’ll have virtually no chance of obtaining fair compensation. These are some of the other ways a skilled attorney can help:
Motorcycle Law Experience
First and foremost, a motorcycle accident lawyer brings experience to your case. They understand the complexities of motorcycle laws, insurance policies, and the legal system. This knowledge allows them to assess the unique circumstances of your accident, identify liable parties, and develop a strategic approach to pursue maximum compensation on your behalf.
Accident Investigation
Another significant way a lawyer can help is by conducting a thorough investigation into the accident. This investigation may involve collecting evidence, including the police report, statements from witnesses, pictures of the accident scene, and records detailing your medical treatment. By piecing together the events leading up to the accident, your attorney can build a compelling case to hold the responsible parties accountable.
A motorcycle accident attorney must initiate an investigation immediately following an accident. Time is of the essence in gathering crucial evidence, preserving witness accounts, and assessing the scene before it potentially changes. Here are some reasons prompt action is critical.
- Evidence can deteriorate or disappear over time. Skid marks on the road, debris from the accident, and vehicle damage can all be altered or removed, especially if the accident site isn’t secured. By promptly investigating the scene, an attorney can document and preserve this evidence before it’s lost, providing valuable support for the victim's case.
- Witness memories can fade or become less reliable as time passes. An attorney can obtain accurate and detailed accounts of what occurred by conducting interviews soon after the accident. These witness statements can corroborate your version of events and strengthen your case.
- Obtaining medical evidence promptly is essential for documenting the extent of your injuries. Medical records, diagnostic tests, and expert opinions are all vital pieces of evidence proving the severity of your injuries and their impact on your life. By initiating the investigation quickly, a motorcycle accident attorney can gather and use this medical evidence to support your compensation claim.
- Prompt action can help prevent the loss or destruction of critical evidence by other parties involved in the accident. Insurance companies may dispose of damaged vehicles or alter their records, making it more challenging to build a strong case. By acting swiftly, a motorcycle accident lawyer can preserve all relevant evidence and use it to advocate for your rights.
Negotiating With the Insurance Company
A motorcycle accident attorney will use several strategies to negotiate effectively with insurers. They’ll use tactics to secure fair compensation for your injuries and losses while countering the insurance company's attempts to minimize payouts. Here's how a skilled lawyer navigates the negotiation process:
- Preparation is key. Before entering negotiations, the attorney thoroughly investigates the accident, gathers evidence, and assesses the full extent of your damages. This helps your lawyer build a strong foundation for negotiations and accurately evaluate your case’s value.
- Next, the lawyer presents a compelling case to the insurance company. They craft a persuasive demand letter that outlines your injuries, medical treatment, financial losses, and other damages resulting from the accident. They support their demand letter with evidence to substantiate your claim and demonstrate the severity of your injuries.
- During negotiations, the attorney remains assertive and professional, advocating vigorously for their client's best interests. They leverage their knowledge of personal injury law, insurance policies, and negotiation techniques to counter the insurance company's tactics and push for a favorable settlement. This may involve highlighting the strength of your case, pointing out weaknesses in the insurer's arguments, and emphasizing the legal and moral obligation to compensate you fairly.
- An experienced motorcycle lawyer also understands when to push for a higher settlement and when to compromise to reach a resolution. They know how to present new evidence or leverage legal precedents to advance your position and secure the best possible outcome.
- Throughout the negotiation process, the attorney will keep you informed and involved, providing regular updates on the progress of negotiations and discussing any settlement offers received. They’ll provide expert guidance on whether to accept or reject offers based on the likelihood of success in litigation and the potential risks and benefits.
Peace of Mind
In addition, hiring a lawyer will provide peace of mind during an already stressful time. Knowing you have a dedicated legal advocate fighting for your rights lets you focus on recovery and healing. Your attorney will guide you through every step of the legal process, providing support, advice, and reassurance.
Defeating Motorcycle Bias
Motorcycle bias will be one of the most significant obstacles you’ll face. Unfortunately, there is a stigma associated with motorcycle riders, and bias can influence how insurance companies, jurors, or even judges perceive your case. A knowledgeable attorney can challenge these biases and present a compelling case to prove you deserve every dollar you demand.
What is Motorcycle Bias?
Motorcycle bias refers to the negative stereotypes and prejudices people often associate with motorcycle riders. Even though they’re unfair, these biases can impact the outcome of a motorcycle accident case unfairly. They can make it more challenging to obtain the compensation you deserve. However, a skilled attorney can play a crucial role in overcoming this problem.
One aspect of motorcycle bias is the misconception that motorcyclists are inherently reckless or irresponsible. This stereotype can lead to the assumption that the motorcyclist is at fault for the accident, regardless of the actual circumstances.
Insurance companies may exploit this bias to dispute liability or minimize the compensation you deserve. A seasoned motorcycle accident lawyer can challenge these assumptions by thoroughly investigating the accident, gathering evidence, and presenting a clear case to establish liability.
Fighting the Perception that All Riders are Thrill-Seekers
Motorcycle bias often includes the perception of motorcyclists as thrill-seekers who willingly assume the risks associated with riding. This mindset can lead to the belief that motorcycle accidents are inevitable, and therefore, the injured motorcyclist isn’t entitled to full compensation for their injuries and losses.
However, a knowledgeable attorney can counter these misconceptions by demonstrating that your actions didn’t cause the accident and that you deserve fair compensation for your injuries.
Jury Issues
There’s a minimal chance your case will go to trial. But if the at-fault party’s insurer refuses to offer a fair settlement, your motorcycle accident attorney will take them to court. If this happens, your lawyer will likely have to deal with the motorcycle bias of jury members.
Jurors and judges may subconsciously harbor biases against motorcyclists, leading to unfair treatment or biased rulings. But a skilled attorney can address these biases through jury selection, jury instructions, and persuasive courtroom advocacy. By humanizing the injured motorcyclist and emphasizing their rights as a victim, an attorney can help overcome prejudice and secure a favorable outcome for their client.
The Insurer’s Efforts to Use Motorcycle Bias to Their Advantage
Motorcycle bias may impact how the court sees your case’s value. Insurance adjusters and defense attorneys may attempt to downplay your injuries or argue you’re exaggerating them due to the inherent risks of riding a motorcycle.
However, an experienced attorney will present comprehensive evidence of the accident's physical, emotional, and financial toll and demand fair compensation for your suffering.
Let an Experienced Motorcycle Accident Attorney Tell You More
Contact a seasoned personal injury lawyer as soon as possible so they can provide all the information you need regarding how they can get the justice you deserve.