The aftermath of a motorcycle accident is a distressing experience. From dealing with injuries and medical bills to wondering how to deal with the legal process, it can be overwhelming. That's where a lawyer comes in – they can be your advocate and guide throughout your motorcycle accident claim.
There is an overwhelming chance that you will end up in a worse financial position if you do not hire a motorcycle accident lawyer to represent you. Although you will pay part of the proceeds of your case to your lawyer, you will likely receive far less compensation if you get paid for your injuries. The insurance company has every advantage over you in the claims process, which you can only overcome by hiring an attorney.
Your lawyer will perform many crucial functions, beginning the moment you hire them for your case. Once you select an attorney, they will immediately work on your case to put you in the best possible legal position. You will not need to spend any money from your own pocket to get legal help; you will only need to commit to paying your lawyer from the proceeds of your case, should you receive any money.
To understand precisely why you need a motorcycle accident lawyer, you must learn the functions that they perform. You cannot do all these tasks effectively, even if you are not suffering from any injuries. Insurance companies want you to think you will do better financially by approaching them alone. Unfortunately, they are waiting to spring an ambush on you, which can cost you the right to recover financial compensation.
Here is how a motorcycle accident attorney can help you.
Schedule A Consultation Today!
Your Lawyer Investigates the Motorcycle Accident
There is a critical prerequisite that you must meet before you are eligible for any financial compensation after a motorcycle accident. You must prove that someone else was negligent and was to blame for your injuries. After the accident, it is exceedingly difficult, if not impossible, to investigate your own motorcycle crash.
You may have a police report that an officer wrote after the accident, but that is not the end of the story. The police report may contain helpful information that can be a starting point for an investigation, but it is not conclusive proof of liability.
One of the main ways a lawyer can help you is by gathering evidence to support your case. In a motorcycle accident, it's necessary to establish who was at fault and the extent of your injuries. A lawyer will work with you to collect essential documents such as police reports, medical records, and eyewitness testimonies. They can also hire accident reconstruction experts, if necessary, to determine the cause of the accident. Your lawyer can build a strong case on your behalf by gathering compelling evidence.
A Motorcycle Accident Lawyer Estimates the Value of Your Case
On average, motorcycle accident settlements are more significant than those in a car accident case. The reason is that you have likely suffered more severe injuries in the crash, and you have little to no protection from impact with the car or contact with the ground. Even a helmet and safety gear cannot protect you from severe accident injuries.
While you may inquire about average motorcycle settlements, the truth is that any mean or median number you can learn has nothing to do with your actual case. Motorcycle accident damages are entirely dependent on your unique situation. Your injuries and the available insurance coverage will determine how much you may be eligible for financial compensation.
Your financial compensation can consist of the following elements:
- Medical expenses
- Property damage
- Lost income (or reduction in earnings capacity)
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional distress
- Embarrassment and humiliation
If your loved one died in a motorcycle accident, your family can get compensation for what you lost when your family member passed away.
Before you can even file a claim, you need to know what your case is worth and be ready to prove it. Just like liability, you also have the burden of proof to demonstrate your damages. You need to have documentation that supports what you are saying. Further, your attorney can work with expert witnesses to quantify the value of the harm that you have suffered. They may consult with a vocational or life care planning expert to determine how much you have lost or what you may need to spend in the future.
You can be confident that the insurance company has detailed information on your case's worth. However, you must obtain this knowledge, which is where your motorcycle accident lawyer comes into the picture.
Your Lawyer Protects You from the Insurance Company
Insurance companies may see you as a target if you do not immediately hire a lawyer after the accident. You may misunderstand their role in the legal process and end up trusting them, but the truth is that insurance companies never have your best interests at heart. They owe you nothing (other than having the legal obligation to pay you for the damage their driver caused you). They only care about their finances, and your claim is a significant expense.
One tactic that insurance companies use when they see that an accident victim does not have a lawyer is to try to talk to you about the accident. They know full well that you are in a vulnerable position because you are dealing with physical injuries, and they also understand that you may still be traumatized by the accident. They may trick you into speaking with them, although you never have to talk to the other driver's insurance company. Once they have you on the record, they will use your words against you in any way they can.
When you hire an experienced motorcycle accident lawyer, they will serve as a buffer between the insurance company and you. If the insurance company wants to talk to you (and it is rarely a good idea to say anything), it must go through your lawyer. If it still tries to talk to you, all you must say is, "Call my lawyer."
Insurance companies can also pressure you into accepting a quick and ridiculously low settlement offer. If they know you have no idea what your case is worth, they may try to dangle some money in front of you that they think you will be more than happy to take. When you hire a lawyer, you will know how much you are due and how to fight for it.
Your Lawyer Fights Back Against Insurance Companies
Just like your attorney helps keep the insurance company from overreaching, they also will fight back when the insurance company acts wrongfully. Remember that insurance companies have an inherent bias against motorcycle accident victims. They view any claim you make with a grain of salt because they try to take advantage of the perception that motorcyclists are riskier than the average person through their bike ride. Insurance companies know what happened in your accident because they can understand the facts, given their experience. However, they also know that they can owe you a considerable amount of money because of the severity of your injuries and the fault of their own driver.
Insurance companies’ discrimination will show up when they try to point a finger at you for the accident. Depending on the facts of your case, they may blame you partially or entirely because they know that scapegoating you may prevent them from fully paying you for the accident. They can deny your claim entirely or try to reduce the size of your settlement check by the percentage that they claim you were to blame for the accident.
Your lawyer's job may be to defend you from these wrongful allegations. Even though you must show that the driver involved in the crash was negligent, you must also describe and defend your actions when the insurance company tries to blame you for the accident. Your lawyer may need to present evidence to protect you from wrongful allegations.
An attorney will defend your legal rights whenever necessary. If the insurance company persists in blaming you despite the evidence that you have, it may be time to take the process out of its hands. You can always file a lawsuit against the responsible driver, which the insurance company must defend in court, and the jury gets the final word as the factfinder in your case.
Your Lawyer's Presence Can Protect Your Legal Rights
Insurance companies will not try to take any liberties with you when they see that you have hired a lawyer. Any notion that you can trust them should fly out the window when your attorney explains the specifics of the legal process to you and what the insurance company's interest is.
Insurance companies may change their tactics when they see a lawyer representing you because they know you have a credible threat of litigating your case. The last thing they want is for you to take them to court. They know that juries see injured motorcyclists differently than they do and may see a person whose life will never be the same again because a driver was careless. Juries can award you more compensation than the insurance company will have given you in a settlement negotiation. Insurance companies can end up spending money on their legal fees, only to obtain a worse result for themselves than they would have gotten if they had paid you a settlement.
Your Attorney Can Keep You from Making Mistakes
The less you have to do in a motorcycle accident case, the less likely you will make an error that can sink your case. Once you make a mistake, it is tough to undo it. Insurance companies will act like they have leverage over you, which shows up as a reduced settlement offer (or a complete denial of your claim).
Besides talking to the insurance company, there are other things that you can do to undermine your claim. One thing is accepting a settlement too early before negotiating intensely to get what you deserve. Your lawyer will advise you to hold out for every dollar you can get in a settlement and tell you not to let the insurance company get away with paying you a fraction of what you deserve.
Your lawyer will also advise you not to say anything about your case to anyone. They will explain that you should not speak publicly about the accident or the injuries that you suffered. Your lawyer knows that the insurance company is watching you, and it can access your posts at some point in the legal process, even if your posts are private.
When to Hire a Motorcycle Accident Attorney
The days after a motorcycle accident are crucial to the legal process. Without an attorney, you can make critical errors during this time, so there is no reason to delay hiring an attorney. Even if you suffered an injury, you can select an attorney and hand all the details of your case to them. Your lawyer knows how to do their job, and they can begin the legwork for your case, advancing the ball toward when you are ready to file a claim or lawsuit.
Money does not have to impede getting the legal help you need. A lawyer will never ask you to pay them from your pocket. Their compensation only comes when you win your case, and they are not paid a penny for their time before that point.
A lawyer can play a crucial role in helping you navigate the complex world of motorcycle accident claims. They can gather evidence, negotiate with insurance companies, handle paperwork, and provide emotional support. By hiring a lawyer, you can maximize your chances of obtaining the compensation you deserve and focus on your recovery. Don't hesitate to contact a trusted Sebastian personal injury lawyer to discuss your case and get the legal representation you need.