It’s natural to have a lot of questions after being involved in a motorcycle accident. There are many factors for getting the compensation you feel you are entitled to. Here are the answers to the most popular questions concerning motorcycle collision cases.
1. Can I Get Money?
You may have the right to receive full compensation for your injuries. This is, of course, based on the grounds of you being hurt in a motorcycle accident. You are not entitled to seek compensation if you yourself caused the accident.
You are still entitled to compensation if, during the accident, you weren’t wearing a helmet. Even though the laws of your state don’t require you to wear a helmet, the opposing party has strong evidence to suggest that you are the negligible one in the incident.
3. What Is Negligence?
In the court of law, the word negligent refers to those who do not uphold their legal duty of care. This means following the rules of the road and being reasonably careful around pedestrians and other motorists. Failing to abide (such as speeding or cutting off traffic) is negligence.
Filing a personal injury claim does have its statute of limitations. After a certain period, say two years, the court will not hear your case. The length of time you have to file a lawsuit starts the moment the accident occurred. A motorcycle accident lawyer will help you file a lawsuit.
If you think you’re responsible for the accident, only let your attorney know. If you come forward to anybody else, you may not be eligible for the compensation. The same applies to the other party.
6. Types of Damages
There are a wide variety of damages during collisions. If you experienced any of the following, you may be eligible for being paid compensation for the medical recovery and treatment of those damages.
- Emotional pain
- Damage to property
- Lost income (due to missing work)
- Physical damage
To calculate lost earnings, and what you may be entitled to, add up the employment benefits and earnings that you missed.
7. Low Settlements
Most people want a settlement, which is understandable. You’ve just experienced a potentially traumatic collision and you want your due compensation for it. Luckily for you, the insurance company is willing to pay you. Unfortunately, their offer may be thousands of dollars less than you’re legally entitled to. Insurance companies are in the business of saving money; they will not offer you more money than they have to.
You may have a case if the road had potholes or similar, nature-created obstacles. In this instance, you may file a lawsuit against the city or state government instead of the other rider, as they were not responsible for the accident. Common road conditions that jeopardise all traffic includes hidden or missing road signs, shoddy guardrails, road shoulder drop offs, debris, or untreated roads during winter months.
Suing is a lengthy, complicated and time-consuming process. Even though your attorney’s advice in these matters are helpful during these times, ultimately, the decision to sue or not is up to you. A lot of people ask if they have the grounds for filing a rock-solid lawsuit. Whether you’re seeking an insurance settlement, your negotiations were stalled, or you need to file a personal injury claim, seek the counsel of an attorney for guidance on how to proceed.
One of the most pressing matters during these times is the cost of an attorney. Attorneys usually work on contingency fees, which means they don’t receive a dime for working your case unless you have received a settlement. They then take a portion (up to 15%, though the percentage depends on the law firm’s rates) of that settlement as payment.
There is much more we need to discuss, but these cover the basics of maneuvering through motorcycle accident cases. These times may seem daunting and intimidating, but you can get through it. It is easy to let your feelings misguide you during these times, but keeping a calm head is key.