Navigating A Motorcycle Injury Lawsuit
Nothing quite beats the freedom one can experience riding on a motorcycle. The realization that there is nothing between you and the landscape before you, the wind whistling in your ears, and the feel of the power of the machine you’re riding all make for a memorable and exhilarating experience.
Unfortunately, the very aspects that make motorcycles so enjoyable also make them a particularly dangerous method of navigating our roadways. Despite the lower total number of accidents, they account for a far outsized percentage of fatalities and severe injuries incurred compared to operating a motor vehicle, thanks to the relative lack of protection when compared to an enclosed vehicle.
Unlike normal passenger vehicles, a large percentage of motorcycle accidents are caused, at least in part, by the negligence of the drivers around them. Unfortunately, up to 80% of these accidents lead to some kind of injury, and those injured in motorcycle crashes often find themselves grappling with physical and emotional pain, mounting medical bills, and lost income.
If you or a loved one have been involved in an accident that has resulted in injury or death and plan to file suit, it’s imperative that you begin laying the groundwork as early as possible. Enlisting the services of an experienced attorney or law firm can assist in navigating this complex process and lead to far better outcomes for you and your loved ones.
Personal Injury Claims
The majority of motorcycle crashes result in some kind of injury, many of which can lead to extended medical treatments and losing the ability to work for long periods of time. With medical bills piling up and the ability to earn money severely impacted, many of those injured in a crash will choose to pursue legal options to help gain some financial relief.
Individuals injured in these accidents may seek compensation for a range of damages, including, but not limited to, medical expenses, pain and suffering, lost wages, property damages and other related costs. The full range of damages one can seek compensation for is determined by liability surrounding the crash and the severity and extent of injuries and medical costs.
To determine the full amount of damages to which you may be entitled, it’s highly recommended that you get in contact with a personal injury attorney as soon as possible after the accident. Law firms specializing in personal injury law, such as Villasenor Law Offices, are well-equipped to provide essential legal services that help accident victims pursue these claims effectively.
Determining Liability
Liability is a crucial aspect of personal injury cases, as it determines who is held legally responsible for the results of an accident. Establishing liability can make the difference between receiving damages and a fruitless suit, depending on who is found to be at fault for the incident.
In a motorcycle accident case, liability can fall on a surprising number of parties, including the other driver, the rider, State and local municipalities, manufacturers in cases involving defects, or other entities. Accurate determination of liability is essential to ensure that the responsible party is held accountable for the injuries and damages sustained.
Once again, it is highly recommended that you enlist the services of an experienced law firm at this step in the process. A conscientious legal team plays a vital role in investigating the accident, gathering crucial evidence, and determining who was at fault.
Insurance Claims
If you’ve never worked in the insurance industry, you may be shocked at the energy and resources put into finding ways of denying or minimizing claims. These resources are often considerable, which makes dealing with insurance companies a daunting and intricate process.
Unfortunately, this reluctance to provide adequate payouts for damages after an accident often results in the need for legal representation to fight for your interests. Law firms with expertise in personal injury law can assist clients in negotiating with insurance companies to ensure they receive fair and just compensation for their injuries and damages.
Villasenor Law Offices takes this expertise one notch further. Chris Villasenor, the founder, spent a decades working in the insurance industry, which means that the firm has first-hand knowledge of the intricacies of how the industry works and the best methods to ensure the best possible results in your negotiations.
Medical Evidence
Building a strong case in personal injury claims relies heavily on the gathering and presentation of compelling medical evidence. This evidence is essential in establishing the scope of damages and the need for compensation.
Knowing what documentation you will need and compiling it to make the most compelling case during the suit can be difficult and arduous. For best results, our attorneys and staff coordinate and collaborate with medical professionals to document the full extent of injuries, causation for injuries, the future treatment plan, and the long-term impact on the victim’s life.
Negotiation and Settlement
An often overlooked aspect of personal injury claims is that cases are often resolved through negotiations with the at-fault party’s insurance company. Your representative, whether that be yourself, a loved one, or your attorney, will likely need to meet with representatives from the insurer and discuss the details and scope of the claim.
This negotiation process requires a delicate touch, as failure can result in an expensive litigation process or inadequate compensation for the damages incurred. Unless you or your loved one has extensive negotiating experience, we highly recommend enlisting the services of an attorney for this process.
Litigation
No matter how skilled the negotiators are, discussions between parties can easily break down if one refuses to back down from a point of contention. If negotiations fail to yield a fair settlement, the best option may involve filing litigation in court in order for the claimant to receive fair compensation for the damages incurred.
The litigation process involves presenting evidence, articulating a case, and seeking a favorable judgment from a judge or jury. Insurance companies often have skilled attorneys on retainer, which means it can be very difficult to win a case without your own legal representation.
Wrongful Death Claims
Tragically, motorcycle accidents are 30 times more likely to result in a fatality than an equivalent accident involving a passenger vehicle. If a loved one was killed in an accident, their surviving family members may pursue a wrongful death claim against the responsible party or parties.
With your family’s well-being on the line, receiving adequate compensation for the loss becomes even more important. Your legal representation can make a significant difference when it comes to determining who was liable for the incident and receiving the maximum level of compensation possible that can ensure you and your loved ones are well taken care of after the passing of your family member.
Statute of Limitations
The statute of limitations determines the amount of time a party has to initiate legal proceedings following an incident. Statutes of limitations vary depending on the party at fault, age of the injured party if a minor and by jurisdiction.
It’s imperative that you begin laying the groundwork for your claim as soon as possible following your motorcycle accident. Claims need to be filed within the applicable time limits if they are to be legally valid. Attorneys can help ensure that clients are aware of any approaching deadlines and file claims in a timely manner.
Motorcycle accidents can have a profound and life-altering impact on individuals and their families. Law firms with specialized expertise in personal injury law, such as Villasenor Law Offices, provide invaluable legal assistance throughout the intricate process, ensuring that victims can focus on their recovery while professionals navigate the legal complexities on their behalf.
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