Should I Get a Lawyer for My Motorcycle Accident?

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An experienced motorcycle accident lawyer provides invaluable support and guidance throughout the complex legal process.

An attorney will gather evidence, negotiate with insurance companies, and represent your interests in court. They have the knowledge and resources to pursue maximum compensation for you while you focus on healing.  

Hiring an experienced motorcycle accident attorney will help you get justice and get paid. Let an attorney protect your rights and pursue the compensation you deserve.

A Motorcycle Accident Lawyer Will Seek Full Compensation for Your Crash Injuries

Motorcycle accident lawyers understand the importance of recovering full compensation based on your expenses and losses. They identify the money due to you and fight for a fair payout. 

In a motorcycle accident case, the damages you recover generally fall into two categories: 

Economic Damages

Economic damages are out-of-pocket expenses and financial losses that you can prove with documentation, including future costs.

Examples include: 

  • Medical care
  • Past and future lost income, including wages, tips, gig work, and more
  • Property damage, such as the cost to repair or replace your motorcycle
  • Travel costs for medical treatment and related appointments
  • The cost of hiring someone to manage your chores
  • Any modifications needed to your home due to your injuries

Non-Economic Damages

Non-economic damages, sometimes called pain and suffering, are more subjective:

  • Physical pain and emotional distress
  • Loss of enjoyment of life
  • Loss of consortium

Punitive Damages

Punitive damages are rare in California motorcycle accident cases. However, they can sometimes punish wrongdoers and deter similar reckless or egregious behavior.

You Attorney Will Determine the Value of Your Case

When you hire an attorney, they will evaluate various factors to determine the value of your motorcycle accident case, including:

  • Severity of Injuries: More severe injuries typically result in higher compensation due to higher medical costs and a greater effect on your life.
  • Medical Records: Detailed documentation of your injuries and treatments substantiates your claim.
  • Employment Records: Recovering lost income requires documentation of your time away from work and how your prognosis affects future earning capacity.
  • Expert Testimonies: Medical experts provide insights into your long-term prognosis and necessary future treatments, while economic experts calculate future financial losses.
  • Evidence of Liability: Strong evidence proving the other party’s fault makes it significantly easier to recover fair compensation.
  • Insurance Policy Limits: The at-fault party’s insurance coverage limits could affect the compensation you will recover.
  • Comparable Case Settlements: Attorneys often look at similar cases in the same jurisdiction to gauge fair compensation amounts.

By thoroughly evaluating these factors, your attorney will estimate the potential value of your motorcycle accident case and guide you through the process of seeking compensation based on their calculations. 

Let a Motorcycle Accident Lawyer Protect Your Rights From the Insurance Carrier

A motorcycle accident lawyer employs several strategies to protect your legal rights from insurance companies. This includes: 

Your lawyer will answer questions and educate you about your legal rights and the implications of your case, ensuring you make informed decisions. Throughout this process, they will also handle all communications about the case, protecting you from making statements that could be misinterpreted or used against you.

Managing Strategic Communication and Negotiation

Your lawyer will communicate directly with the insurance companies on your behalf, conducting all interactions professionally and clearly representing your interests. Using their negotiation skills, your lawyer will push back against lowball offers and use evidence to support a fair settlement that covers all your damages.

Your lawyer will manage all legal paperwork, ensuring they file your claim correctly and on time, adhering to all legal deadlines and procedural requirements. They will do so within the time set by the statute of limitations, protecting your right to pursue compensation in court.

Protecting Against Bad Faith Practices

Your lawyer will be vigilant for any signs of bad faith practices by the insurance company. This could include unjustified delays, misrepresentation of coverage, or improper claim denials. If this occurs, your lawyer will hold them accountable and seek additional damages.

A Motorcycle Collision Attorney Will Investigate and Develop a Compelling Case for Compensation

A motorcycle accident lawyer will take several steps to investigate a crash, gathering evidence to build a convincing case for maximum compensation.

This process includes:

  • Initial Consultation and Case Assessment: They will meet with you to discuss the accident, assess the potential of your case, and determine your next steps.
  • Accident Scene Investigation: They will visit the crash scene to survey and gather any evidence available.
  • Reviewing Police Reports: They will obtain and review the official police report for details about the accident, including any citations issued.
  • Interviewing Witnesses: They identify and interview witnesses and collect statements to corroborate your version of events.
  • Collecting Medical Records: Your lawyer will gather your medical records related to your accident injuries, including your treatment, diagnoses, and prognosis.
  • Examining Vehicle Damage: They will inspect and document damage to your motorcycle and to any other vehicles involved.
  • Retrieving Surveillance Footage: Your attorney will identify and secure any available surveillance footage from nearby businesses, traffic cameras, or private residences.
  • Engaging Expert Witnesses: They consult with accident reconstruction experts and engage medical experts to show liability, document the extent of your injuries, and understand your future care needs.
  • Analyzing Photographs and Videos: They will review any photographs or videos taken by you, witnesses, or authorities at the scene and use this visual evidence to support your claims about the accident’s cause.
  • Documenting Lost Income: They gather documentation of lost income and diminished earning capacity due to your injuries.

Common Types of Evidence Collected

A scene of a motorcycle accident is depicted, showing a motorcycle lying on its side on the pavement. A black motorcycle helmet is nearby, along with scattered debris, including a broken side mirror. A silver car is stopped in the background, with its rear door and part of the rear tire visible. The surroundings include a blurred background of greenery, indicating the accident occurred near a wooded area. The overall atmosphere suggests a recent collision, with the focus on the aftermath of the incident.
  • Photographs and Videos
  • Police Reports
  • Witness Statements
  • Medical Records
  • Vehicle Damage Reports
  • Surveillance Footage
  • Accident Reconstruction Reports
  • Traffic and Weather Reports
  • Employment Records
  • Medical Bills

By meticulously gathering and analyzing this evidence, a motorcycle accident lawyer builds a comprehensive and compelling case to support your claims regarding the accident. This increases the chances of recovering maximum compensation based on the case facts.

Understanding How a Motorcycle Accident Attorney Works

Managing a personal injury case after a motorcycle accident involves several key steps. Here’s what you can expect your lawyer to do during every step of this process:

1. Initial Consultation

During your initial free consultation with the lawyer, you will meet with them to discuss the details of the accident. This could occur in their office, your home, or the hospital. They will ask how the accident happened, your injuries, and your expenses and losses to date. This helps the lawyer understand your case and determine if you have a strong case for compensation.

2. Investigation

Your lawyer will launch an investigation into your motorcycle accident. They will collect all available evidence, such as police reports, medical records, and witness statements.

They might visit the accident scene, take photographs, and gather any available surveillance footage. They will also talk to people who saw the accident to get their accounts. These witness statements are often crucial for supporting a case for compensation.

3. Filing the Claim

Your motorcycle crash attorney will file a claim with the at-fault party’s insurance carrier. This informs the insurer you are seeking compensation for your injuries, expenses, and losses.

4. Medical Documentation

Your lawyer will gather detailed medical records to document your injuries and treatments. They will also consult with your doctors and other experts to understand your prognosis and any future medical needs.

5. Demand Letter

Your personal injury lawyer will draft a demand letter to that-fault driver’s insurance company. This letter outlines the case facts, the extent of your injuries, and the amount of compensation you seek.

6. Negotiation

Your motorcycle accident lawyer negotiates with the insurance adjuster to reach a fair settlement. If the insurance company makes a low offer, your lawyer will counter it with evidence and arguments to support a higher amount.

7. Settlement

If your attorney successfully negotiates an agreement, they will review the settlement terms with you to ensure the settlement covers all your expenses and future needs.

Once you agree to the settlement, you sign a release form, and the insurance company issues the payment.

8. Filing a Lawsuit (If Necessary)

If a fair settlement is not possible, your lawyer may file a lawsuit on your behalf.

This starts the formal legal process and may lead to a trial. You may hear this process called litigation.

9. Pre-Trial Preparation

Your lawyer will gather additional evidence, prepare witnesses, and develop a strategy for presenting your case in court. Both sides will exchange information and evidence during this time. You might need to give a deposition or complete interrogatories. These are verbal or written testimonies submitted under oath.

10. Trial

Your motorcycle accident attorney will present your case in court, including opening statements, witness testimonies, and closing arguments. They will argue on your behalf to convince the judge or jury of your right to compensation.

11. Verdict and Compensation

The judge or jury will deliver a verdict if the case goes to trial. If you win, they will determine the amount of compensation you are entitled to receive. If you receive a favorable verdict, your lawyer will ensure the compensation is collected from the defendant or their insurance company.

By following these steps, a motorcycle accident lawyer manages your personal injury case, guiding you through each stage and working to secure the best possible outcome for you. This often brings peace of mind to motorcycle accident victims who struggle to manage their injuries, emotional state, and legal cases.

Why Is Managing a Motorcycle Accident Claim Challenging Without a Skilled Lawyer? 

A motorcycle accident victim is often tempted to try to manage their own claim, even with serious injuries. However, there are several reasons why this is not a great idea. Working with a skilled, knowledgeable lawyer provides many advantages and helps victims recover more money. 

Some reasons why you might struggle to manage your own case includes: 

A motorcycle accident scene is captured, showing a motorcycle lying on its side on a rural road. A white motorcycle helmet with a clear visor is placed in the foreground on the pavement. The image focuses on the immediate aftermath of the accident, emphasizing the fallen motorcycle and the helmet as key elements.

Emotions

Since your motorcycle accident and serious injuries, you have probably experienced a range of emotions, including fear, anger, and frustration. These emotions cloud judgment and make it difficult to approach the case objectively. 

An experienced lawyer will provide much-needed support and guidance during this challenging time, offering a clear perspective and helping you make informed decisions based on facts rather than emotions.

Time

Managing a personal injury case requires a significant investment of time and energy. From gathering evidence to negotiating with insurance companies to navigating the legal process, you must complete all these tasks promptly and accurately. 

When a motorcycle accident victim is already dealing with serious physical injuries, finding the time and energy to manage the case effectively is extremely challenging. 

A lawyer will handle all of these responsibilities, allowing you to focus on your treatment and healing without the added stress of handling a legal battle.

Navigating the claims process is complex, especially if you do not have experience or education in personal injury law. This area of law has specific procedures and deadlines you must follow to ensure the best possible outcome for the case. Without a deep understanding of these laws and procedures, you might inadvertently make mistakes that could harm your case. 

A lawyer has the knowledge and experience to navigate legal complexities, protect your rights, and recover the compensation you deserve.

Never try to manage your own case. You will encounter no advantages to doing so. By hiring a lawyer to handle your case, you receive the support, guidance, and legal knowledge you need to navigate the legal process effectively and secure the compensation you deserve. Most law firms charge no upfront fees, and you only pay after they secure compensation for you.

Work With an Experienced Motorcycle Accident Lawyer From Our Team

At Wilshire Law Firm, our billion-dollar team can help victims hurt in motorcycle accidents in Los Angeles, Oakland, Riverside, Orange County, and nearby areas. We provide free consultations, assess these cases, and explain the next steps to victims and their families. Our compassionate team of personal injury lawyers will help you get justice.

Call (213) 335-2402 or use our online contact form to learn more.

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