After a motorcycle accident, riders who have sustained injuries have legal rights entitling them to compensation for their damages.
Unfortunately, their awareness of these rights often comes too late, affecting the potential compensation they might receive. Enlisting the services of a motorcycle accident attorney is a proactive step to understanding and protecting these rights.
In fact, the initial legal evaluation of your potential claim comes at no cost. Should you choose to retain their services, their compensation is contingent on their successful recovery of compensation on your behalf.
Hiring a Sebastian motorcycle accident attorney not only ensures an informed understanding of your rights but also provides a valuable support system while you focus on recuperating from your injuries.
This arrangement grants you access to legal experience and offers a financial structure that aligns with your recovery process. Everyone in an injury motorcycle accident should consult with an experienced attorney as soon as possible.
What Should You Do After a Motorcycle Accident?
After suffering injuries in a motorcycle accident, your priority should be to seek medical care right away and then the services of a skilled motorcycle accident lawyer as quickly as possible.
By receiving medical treatment, you are putting your health first and working to secure your rights to full and fair compensation for your injuries.
You should also listen to your medical team's instructions and advice and follow them carefully. Failing to do so can jeopardize your compensation.
Once you have seen a doctor and you can physically do so, contact an experienced motorcycle accident lawyer for help. They can review the details of your motorcycle accident and your injuries to identify the appropriate next steps and provide you with an estimate of what your damages are worth.
What Causes Motorcycle Accidents?
Motorcycle accidents result from various circumstances and sometimes due to more than one factor. It's your motorcycle accident attorney’s job to thoroughly investigate to determine how your accident happened and who you can hold liable.
- Distracted driving
- Intoxicated driving
- Motorists failing to yield the right of way, then turning in front of motorcyclists
- Motorists switching lanes or merging without looking or reducing their speeds
- Loose gravel on the road
- Motor vehicle defects
- Poor road conditions or road defects
It's not always another motorist who is liable for motorcycle accident damages. For instance, sometimes you can hold the municipality in charge of road repairs and clean-up or even the motorcycle manufacturer responsible.
With a motorcycle accident attorney on your side, you can hold the proper person or entities accountable to maximize your injury compensation.
Motorcycle Accident Injuries
Motorcycle accidents frequently result in severe injuries, often surpassing the extent of injuries sustained by occupants in passenger vehicles involved in similar collisions.
Unlike vehicle passengers who benefit from crumple zones, roll bars, seatbelts, and airbags, motorcyclists lack these protective features, rendering them highly susceptible to more severe injuries in the event of an accident.
Common injuries experienced by motorcyclists include:
- Road rash: Abrasions and skin injuries caused by contact with the road surface during a slide.
- Lacerations and gashes: Deep cuts and wounds resulting from contact with sharp objects or surfaces.
- Face and eye injuries: Injuries to the face and eyes, often exacerbated by the absence of protective barriers.
- Burns: Injuries caused by contact with hot surfaces or materials, such as the motorcycle's engine.
- Broken bones and fractures: Impact with other vehicles or surfaces can lead to bone fractures and breaks.
- Soft tissue injuries: Damage to muscles, ligaments, and tendons, often causing pain and restricted movement.
- Internal organ bruising and damage: Impact during a motorcycle accident can lead to injuries to internal organs, causing bruising or more severe damage.
- Internal bleeding: Trauma sustained in an accident may result in bleeding within the body, requiring prompt medical attention.
- Traumatic brain injuries (TBI): Head injuries that can range from concussions to more severe brain damage.
- Spinal cord injuries (SCI): Injuries affecting the spinal cord, potentially leading to long-term impairment or paralysis.
Given the absence of protective enclosures on motorcycles, these injuries underscore the heightened vulnerability of motorcyclists and emphasize the need for comprehensive legal protection in the aftermath of an accident.
Why You Should Hire a Motorcycle Accident Attorney
The rationale behind hiring an experienced motorcycle attorney becomes apparent when considering the complex nature of legal processes and what is at stake.
Attorneys undergo years of rigorous education, including passing challenging examinations, before practicing independently. The inherent complexity of laws increases the risk of critical mistakes when handling a case.
Attempting self-representation in your motorcycle accident claim may lead to seemingly innocent errors that can irreversibly compromise your case. Is it worth jeopardizing your legal rights to save costs on your claim?
Numerous studies consistently reveal that individuals who enlist the assistance of personal injury lawyers not only enjoy higher success rates but also secure significantly more compensation for their damages.
While motorcycle accident attorneys typically receive about one-third of the total recovery, the potential for increased compensation remains substantial, even after factoring in attorney fees.
Considering the prospect of increased financial recovery and diminished stress through professional legal representation, hiring an attorney is the logical and prudent choice.
Is Pursuing Legal Action Really Necessary Following a Motorcycle Accident?
Engaging the services of a motorcycle accident attorney doesn't automatically mean there will be a lawsuit. The decision to settle out of court or proceed to litigation depends on many factors.
While settling without resorting to a lawsuit is often preferred due to its potential to save time, costs, and frustration, the choice ultimately lies with you, the client.
In many injury claims, insurance companies don't treat the claim seriously unless the prospect of a jury trial looms.
If you decide to represent yourself, you might encounter a lower-tier insurance adjuster with limited authority, potentially leading to delays, reduced compensation, or outright denial of your claim.
Conversely, with a seasoned motorcycle accident attorney on your side, insurance companies are more likely to assign higher-ranking decision-makers to negotiate with your legal representative. These decision-makers can offer more substantial settlements or decide whether to proceed with a trial.
Even still, you should know that most personal injury claims are resolved without going to trial, typically through settlements made before reaching that stage. Sometimes, a proactive attorney initiating a lawsuit and securing a trial date is all it takes to prompt a fair resolution in a motorcycle accident claim.
Attorneys Have Negotiation Skills
Negotiation stands as a pivotal skill for motorcycle accident attorneys, and rightfully so. Resolving a claim through negotiations, without going through courtroom proceedings, proves to be a time-efficient and cost-effective endeavor.
A settlement agreement comes with additional benefits, including:
- Swift receipt of financial compensation
- More control over the final outcome of the case for both parties
- Avoidance of the stress and uncertainty accompanying a trial
Individuals lacking a legal background usually do not have the necessary negotiation skills to secure a comprehensive and fair settlement. Too often, they accept an unfair offer that does not cover their losses.
Seasoned attorneys possess a profound understanding of their client's claim value and a thorough knowledge and understanding of the strengths, weaknesses, and potential vulnerabilities of their case and the at-fault party.
Armed with this knowledge, they skillfully engage in negotiations, aiming to secure a just settlement on behalf of their clients.
However, should settlement talks prove unfruitful, a motorcycle attorney brings a wealth of experience and confidence to the prospect of a trial.
Individuals injured in motorcycle accidents cannot pursue fair compensation through a trial without a lawyer given their physical, financial, emotional, and other constraints. Get an attorney with experience to fight this battle on your behalf.
How Can You Protect Your Rights Following a Motorcycle Accident?
The most effective measure to protect your rights after a motorcycle accident is to enlist the services of a well-versed motorcycle accident lawyer.
Their skills and knowledge will protect your rights, including by taking the following actions:
- Managing communications with the insurance company to prevent you from making any statements that can potentially harm your claim or diminish its value. Your lawyer can also accompany you during interactions with the insurance company or their adjuster to safeguard your interests.
- Collecting and preserving crucial evidence for your claim to support your case for compensation. A knowledgeable motorcycle accident attorney understands the essential evidence needed and the best methods to preserve it.
- Filing your case within the applicable statute of limitations. If your motorcycle accident claim doesn't settle out of court, filing a lawsuit within your state's statute of limitations is critical. Missing this deadline, typically between one and four years after the accident, may result in losing the right to pursue compensation in court altogether.
- Facilitating access to the necessary medical care. Your attorney can help make sure you receive appropriate medical care from licensed professionals whose opinions contribute to supporting your claim.
- Negotiating a settlement with the insurance company for the actual value of your claim. Without legal representation, there's a risk of settling for less than deserved. Your attorney advocates for the full and fair value of your claim, leveraging their skills to highlight the strengths in your case and weaknesses in the insurance company's position.
- Advising on the risks of social media use during a personal injury case. Many accident victims are unaware of how social media accounts can impact their claims. Your lawyer can caution against posting content that insurers might exploit to deny or devalue your claim, ensuring protection against such pitfalls.
A seasoned motorcycle accident lawyer has what it takes to protect and exercise your rights and interests, aiming for the maximum compensation you deserve for your injuries.
Avoid Speaking to Insurance Adjusters
It's common for insurance adjusters for the at-fault driver's insurer to call injured victims within days of the accident. The insurance adjuster wants to talk to you before you can speak to a motorcycle accident lawyer.
Why? Because they count on injured parties accepting their first settlement offer, which will always be much lower than they deserve for their claim.
Insurance adjusters might also get you to say something detrimental to your claim or something they can twist for their own purposes. As such, it's best not to speak to them to avoid risking your claim's integrity.
Instead, politely refer them to your attorney.
Once you hire an experienced motorcycle accident attorney, you generally don't need to speak to the insurance adjuster; they will talk to them on your behalf.
Is Legal Representation a Valuable Investment?
Concerns about potential expenses may lead to reservations about seeking the counsel of a personal injury attorney. Injured accident victims might fear substantial lawyer fees and potential additional charges that they can't afford, especially now when suffering from a serious injury.
However, hiring a motorcycle accident lawyer operating on a contingency fee basis, which is standard practice, mitigates this concern. In this arrangement, once you receive your settlement or court-awarded sum, your attorney will claim the agreed-upon percentage, leaving the remainder for you.
The Advantages of Contingency-Based Representation
Enlisting the services of a motorcycle accident attorney on a contingency fee basis presents several advantages.
Foremost among them is the elimination of any upfront payment requirement to secure their services and have them advocate for your claim throughout the entire process. This arrangement ensures you are not risking any of your own funds.
Additionally, the attorney you enlist has a heightened incentive to diligently handle your claim, as their compensation is contingent on successfully securing a settlement or winning your case in court.
Without either outcome, they don't receive payment, and you don't incur any financial losses. This mutually aligned structure ensures the attorney's interests are closely tied to your successful case resolution.
Speak With a Motorcycle Accident Attorney Today
After a motorcycle accident, protect your rights to compensation. The right lawyer can make the difference between losing your case and obtaining substantial financial support. Seek a free case evaluation as soon as possible.