Should I Hire an Attorney for My Motorcycle Accident Lawsuit?

Being involved in any type of accident can be a very traumatic and unsettling experience. Car accidents are common but can be very serious. Motorcycle accidents are also common, but the injuries that people experience after a motorcycle accident are often far more severe than injuries sustained in a car crash. When you’re on a motorcycle, you’re not protected by the frame of the car, there’s no real seatbelt, and you have many more opportunities to be severely hurt. If you or a loved one was injured in a motorcycle accident as a result of someone else’s negligence or recklessness, it would be wise to contact a personal injury lawyer as soon as possible. Many people aren’t initially worried about beginning a motorcycle accident lawsuit because they’re busy dealing with the physical and emotional injuries that they suffered. However, once you feel healthy, hiring a personal injury attorney and filing a claim is definitely worth considering. 

If you file a claim, whoever is responsible for the accident may be required to compensate you for your injuries, treatment, lost wages, property damage, and more. If you’re wondering if you should hire an attorney after a motorcycle accident, the answer is almost always going to be yes. Morgan & Morgan can help you if you decide you need a lawyer. We have been handling these types of cases for decades, and we have recovered billions of dollars for our clients. No matter where you’re located, we can help. We have offices throughout the United States, and we can connect you with an experienced personal injury attorney near you. Contact Morgan & Morgan today for a free consultation.

Why You Should Hire a Lawyer for Your Motorcycle Accident Lawsuit?

Many people believe that they can handle a claim on their own after a motorcycle accident. They think that it’s as easy as filing an insurance form and then just making sure that they receive compensation for any injuries they suffered and other property damage that occurred. Unfortunately, it isn’t that simple. The following are some of the crucial reasons that you should consider hiring a motorcycle accident attorney:

1. A lawyer will help you initiate your case. Anytime you plan to file a motorcycle accident lawsuit, there is a lot of paperwork to fill out and certain steps you have to take. If you don’t perform these steps properly and in the correct order, you could make serious errors in initiating the case correctly, which will either delay your claim, or actually preclude you from filing a lawsuit altogether if you miss any important deadlines. This means all possible compensation could be forfeited.

2. A lawyer will communicate with insurance companies for you. Whenever you’re in a motor vehicle accident, including a motorcycle accident, it’s likely that the insurance company will try to offer you a small settlement if they believe that the other party is at fault. This can be tempting because it could be easy, quick money. It’s usually a bad idea, though. Insurance companies have one goal in mind: to make as much money as possible. One of the ways they do this is by paying out small settlements in order to dispose of cases as quickly as possible. They almost never actually have your best interest in mind. It’s really important to have legal representation before you even consider speaking with your insurance company or the other party’s insurance company. You’re almost guaranteed to end up with more compensation when you have competent legal representation at the beginning of your claim rather than if you wait. Should you decide to file a motorcycle accident lawsuit, you will be happy that you spoke with an attorney right at the outset. 

3. A lawyer will collect evidence. If your lawyer is unable to obtain an adequate settlement offer from the insurance companies, they will start to prepare your case so that they can negotiate with the defense and be ready to go to trial if necessary. There will be a lot of evidence to collect. This often includes medical records, video footage if it’s available, photos of the scene and of your motorcycle and the other vehicle, and any other information and documents that your attorney deems relevant and important. 

4. A Lawyer will speak with witnesses. You might be tempted to speak to witnesses yourself, especially right after the accident. This is usually a bad idea. It is smart to get any contact information from potential witnesses, but you should keep everything else to yourself until you speak with your attorney. Your lawyer can then reach out to everyone involved and set up a time where they can talk and get their side of the story. Your lawyer can find out what the witnesses saw and if they can help your case at all. 

5. A Lawyer will negotiate with the defense. The majority of personal injury cases, including a motorcycle accident lawsuit, end in a settlement before they ever get to trial. A primary goal of your attorney will be to negotiate with the defense and try to get them to offer an amount of money that is acceptable to you. They do this by presenting some evidence and trying to show the defense that you are likely to win the case. Settlements save everyone time, stress, and money, so it’s usually in everyone’s best interest to settle the case if an agreement can be made.

6. A lawyer will prepare your case for trial if necessary. If no settlement can be reached, your lawyer will continue preparing your case for trial. They will review evidence, including medical records and any video footage. They may consult expert witnesses, such as an accident reconstruction expert who can look at the scene and any photos taken to try to determine who was at fault. It’s imperative that you find a lawyer who isn’t afraid to go to trial. The last thing you want is for your lawyer to push you to take a mediocre settlement offer because they aren’t experienced in litigating cases or because they simply don’t like to go to trial. 

Is there a deadline by which I must file my case?

Yes! There is a deadline called the statute of limitations. It varies depending on the state in which an accident occurs, but the deadline to file is typically between one and three years. While this might sound like a long time, it really isn’t. Time passes quickly, video footage disappears, and witnesses forget information. It’s crucial to contact an attorney as soon as possible so you don’t miss out on the deadline. If you do, you won’t be able to recover the compensation that you’re otherwise legally entitled to. 

How long will it take to resolve my case?

This is a difficult question to answer and depends on many different factors. It is very fact specific. The time it takes to resolve your case will be dependent on whether it settles or goes to trial. It will also depend on how complex the facts are, whether the insurance company is slow and difficult during the negotiations for a settlement, and more. Typically, a motorcycle accident lawsuit can take anywhere from 9 months to many years. It’s a long process that you’ll need to be mentally prepared for. An experienced personal injury attorney can help prepare you for a case that drags on, and they can give you a better idea about your particular claim once they are hired and begin to work on the case. 

What should I do immediately after a motorcycle accident?

Accidents are scary, and it’s easy to get caught up in the moment as adrenaline is pumping and everything is happening very quickly. It’s normal to be unsure of what to do. The first step you should take is to make sure that you’re safe and out of harm’s way. If you need immediate medical attention, you should make sure you get that help. It’s also necessary to get contact information for any witnesses that are available and willing to provide information to you. 

Next, you should consider taking as many photos as possible. Take photos of the scene, your motorcycle, any other cars involved in the accident, and any visible injuries that you suffered. You should also consider taking notes about what you’re feeling, itemize what you recall about the accident, and document what you believe caused the accident. Motorcycle accident lawsuits can take a lot of time to get resolved, and the more time that passes, the more likely it is that your memory will get a bit fuzzy. If you take notes, you can look back on exactly how you were feeling and what you were thinking right after the accident and in the following hours and days.

Can I recover compensation even if the accident was partially my fault?

This question depends on where you’re located. In some states, you cannot receive any compensation if you’re considered to be even one percent at fault. In other states, you cannot recover compensation if you are more than 50 percent at fault. Other jurisdictions allow you to recover compensation if you were partially at fault, but they will reduce your award by the amount you are deemed to be at fault. For example, you were awarded $100,000. It is determined by the jury or the court that you were 30 percent at fault. You would then only receive 70 percent of the award, or $70,000. Make sure you talk to an attorney who knows the local laws and procedures. 

Morgan & Morgan Can Help With Your Motorcycle Accident Lawsuit

If you or a loved one was injured in a motorcycle accident and are considering a motorcycle accident lawsuit, Morgan & Morgan is always here to help. There’s no reason you should have to suffer through this alone or that you should have to pay for your own medical expenses and other expensive bills because someone else was negligent and caused an accident. Morgan & Morgan has attorneys all over the United States, so no matter where you’re located, we can help. We are everywhere for everyone. Additionally, we work on a contingency fee basis. This means you never have to pay for anything out of your own pocket. We only get paid if you get paid. Contact Morgan & Morgan today for a free consultation.