Can You Sue After a Motorcycle Accident?

Can You Sue After a Motorcycle Accident?

According to Forbes, less motorcycles deaths are occurring every year. However, motorcyclists remain significantly overrepresented in traffic deaths. Motorcyclists experience fatalities 28 times more often than vehicle passengers. If you’ve or a loved one has recently experienced a motorcycle accident, it’s possible to receive compensation for injuries. With that in mind, here’s how to move forward with a lawsuit after a motorcycle accident.

Find a lawyer

While motorcycle accidents appear to be criminal cases, they’re actually civil. Instead of a criminal defense lawyer, you’ll need a personal injury lawyer specialized in negotiating accident-related settlements. A personal injury lawyer will help you get started with your claim against the defendant.

To find a personal injury lawyer, ask for referrals to lawyers experienced with handling plaintiffs’ cases. There are various ways to find referrals, including asking friends and family and searching lawyer directories online. Before hiring anyone, be sure to meet with a few different lawyers to discuss the details of your case.

It’s important to find a lawyer who cares about keeping your best interests in mind while you heal from your injuries. Some personal injury lawyers even accept cases on a contingent fee – meaning that you owe no fee if there is no recovery in your case. Keep in mind that rejection is normal – some lawyers refuse to take cases if the claim is unclear or if the case fails to meet a potential recovery amount.

Value your accident

After discussing the details of your case with your lawyer, your lawyer will be able to share how much they think your case is worth and how difficult it will be to obtain that amount. Your lawyer will consider two factors when determining the worth of your case: liability and damages.

Liability involves who is at fault for the accident. Some cases lack liability, meaning the person who hit you did not act negligently. No liability is also present when you cannot prove that the other driver was negligent. On the other hand, it may be possible that the motorcycle driver acted negligently, causing the accident to occur. For instance, if you were driving with outdated motorcycle parts, you may have caused the accident.

Your damages are dependent on what kind of liability you’re able to prove. Damages in personal injury cases are divided into two groups: special damages that can be calculated to an exact amount, and damages that cannot be calculated out to an exact amount. Special damages include compensation for hospital bills and time you were unable to work due to the accident, while other damages include pain and suffering.

Set goals

Before moving forward with your case, it’s important to set clear, realistic goals that meet your needs. You have the option of obtaining a settlement with as little cost and negotiation as possible or obtaining as much compensation as possible, despite how costly and time-consuming it may be.

When determining which option best matches your interests, there are a few key factors to consider. Start by considering whether the trial will cost you more than recovery. If court costs and lawyer fees are greater than your potential recovery, it’s best to settle. Meanwhile, if the settlement offer is blatantly unfair and the defendant will not provide compensation, you should consider refusing the settlement offer.

All in all, obtaining fair recovery from a motorcycle accident claim is dependent on liability. If you or a loved one experienced injuries from a motorcycle accident, the at-fault driver is responsible for paying hospital bills, work-related expenses, and compensation for pain and suffering.