You are riding your motorcycle, and suddenly you are on the floor experiencing a lot of pain. What should you do? Who should you call?
These are some of the questions you have when you experience an accident. There are more than 8 million motorcycles in the United States, making motorcycle accidents quite common.
Suppose you have been injured in a motorcycle accident due to someone else’s negligence. In that case, you should know that you may be able to sue for compensation. However, there is a process you need to follow first.
Keep reading to learn more about how to sue after motorcycle accidents and what you can expect.
To make sure you build a strong case, you need to prove the four basic elements:
- Duty – The defendant owed you a duty of care: This means that the other driver was responsible for driving safely.
- Breach – The defendant breached that duty: This means they did not take proper care to make sure you were safe.
- Causation – The breach caused the injury: This means that they were the probable cause of your injury.
- Damages – Your losses and expenses, such as medical bills and lost income, were caused by the accident and your injuries: These losses could include physical pain and suffering, emotional distress, property damage, medical bills, loan payments (if you had to pay interest on a loan because of the time your injuries kept you out of work), lost income (you can recover money for past and future payments), or other financial losses.
NOTE: If you fail to file a claim within the appropriate time frame, you could forfeit your right to take legal action.
Time To Build Your Case
After you present the four basic elements it is time to build your case with your attorney. You need to choose the right motorcycle accident injury lawyer to represent you and your case effectively.
- Gather evidence: Make sure to collect any evidence that may be helpful in your case. This can include record information, photographs of the accident, witnesses’ names and addresses, police report number, medical record.
- Determine the value of your claim: When you and your attorney determine the value of your claim, they will take into account: medical expenses, property damage, vehicle repair costs, lost wages, or future earning capacity.
- File a lawsuit: After gathering all evidence and determining the case’s worthiness, file a personal injury suit. The best time to file is as soon as possible because time limits could affect your claim.
- Negotiate a settlement: Communication with the insurance company is key to a settlement. Don’t settle without first consulting your attorney, but also consider putting a deadline on any negotiations to make sure you can move forward if necessary.
- Take your case to trial: If you’re unable to reach a verdict through settlement, your next step will be taking your case to trial to defend your rights.
NOTE: It is important to file before your state limits. Your lawyer has to be familiar with these limitations to proceed with your case smoothly.
Don’t Let Your Rights Drive Away!
When looking for an attorney to help you with your motorcycle accident case, The Valente Law Group can help. We pride ourselves on being professional accident lawyers ready to make the process easier for you in the stated time limit of your accident.
We are motorcycle accident injury lawyers that have years of experience helping people just like you. We know that this can be a difficult time, but we will do everything in our power to make the process go as smoothly and quickly as possible for your sake. If you were injured due to someone else’s negligence, don’t hesitate to contact us!