A knowledgeable lawyer understands insurance companies’ tactics to shift blame onto riders and can negotiate a fair settlement based on your damages. They will also work to resolve any liens from your health insurance providers.
Your legal professional will need information like scene photos, police reports, medical records, eyewitness statements, and more to build a strong insurance case for you. Your compensation can include lost workdays, medical bills, and future loss of earning potential. Contact Baltimore Motorcycle Accident Attorney now!
The aftermath of a motorcycle accident can be devastating, leaving riders with escalating medical bills and an uncertain legal path ahead. An experienced attorney can help ease this burden, serving as a stalwart companion in the rider’s quest for justice and due reparation.
A motorcycle accident attorney’s first responsibility is to evaluate your case meticulously. They will review police reports, scene photos, witness testimonies, and more to pinpoint liability and gauge the strength of your claim. They also know the tactics that insurance companies often employ to shift blame onto riders, and they can anticipate these attempts in advance.
Once your lawyer has a full picture of your situation, they will begin the process of building a strong insurance case on your behalf. They will gather and quantify your past and future financial, medical, therapeutic, and rehabilitation needs to calculate the total value of your claim. They will then build a persuasive argument to secure a fair and reasonable settlement for you.
It’s important to choose a lawyer who you feel comfortable with. Ask potential attorneys about their approach to each case and how they work with clients. Ask for references from previous clients to get a feel for their personalities and professionalism. You may also want to ask how long they have been in practice, as experience can help them to understand the nuances of personal injury law.
Before making any final decisions, be sure to talk to at least three different lawyers and get a feel for their approaches. It’s important to find the right fit so that you can be confident that they will fight for your rights in court if necessary.
It’s also important to know that a Motorcycle Accident Attorney will often negotiate with insurance companies to reach an agreement outside of court. This can be a faster and more convenient option for all parties involved, especially if your injuries are severe and require ongoing treatment. They can also make sure that any compensation you receive covers your past and future losses, including your lost wages.
Recoverable Damages
Motorcycle accidents often result in serious injuries for the riders. This is because motorcyclists are not shielded by the protective barriers of cars and trucks. The injured party may be entitled to recover economic damages, non-economic damages, and even punitive damages from the at-fault party.
To get the money you deserve, it is important to work with a qualified attorney that has experience handling motorcycle accident cases. This will help ensure that the insurer does not try to undervalue your claim or avoid paying altogether. The right attorney will also have a network of experts who can testify to your injuries and the extent of your losses.
A successful legal representation can help you recover financial compensation for past and future medical bills, lost wages, property damage, and other financial losses. However, to calculate your total economic losses, your lawyer will need to see the medical records and gather other evidence including scene photos, police reports, eyewitness statements, and more. The attorney will begin building a case for you once your treatment is complete and you have reached maximum medical improvement (MMI).
Generally, the at-fault driver in a motorcycle crash will be found to be negligent for your injuries. The driver owed you a duty of care to operate their vehicle with reasonable caution and to check blind spots and turn signals before changing lanes or turning at intersections. They breached this duty by driving too fast for conditions, not checking blind spots before shifting lanes, or distracted driving. This negligence caused your accident and injuries.
Other types of damages that you can receive through a successful personal injury lawsuit or claim include non-economic damages, such as pain and suffering, loss of consortium, emotional trauma, permanent disability, and disfigurement. These damages are typically more difficult to quantify and can be awarded only when the at-fault party’s actions were particularly egregious or malicious.
If the at-fault driver denies fault, tries to blame you for your injuries, or does not offer you a fair settlement, your motorcycle accident attorney will file a lawsuit in a New York City court with jurisdiction over the case. The lawsuit will name the at-fault motorist as the defendant and asks a judge or jury to determine their responsibility for your crash and award you financial compensation.
Subrogation Actions
While it may seem like a strange thing to do, insurance companies have the right to subrogate or recover money paid on an accident. It is how they operate and it is something you should be aware of as an injured motorcycle crash victim.
Whenever your insurance company pays out on an accident claim they are entitled to get their money back from the at fault party. This is a standard part of the process and it helps to cover expenses, including your deductible. It can take some time to work through the subrogation process, especially if there is a dispute over who was responsible or how much compensation should be paid.
Your attorney will make sure the insurance company handles the claim correctly and that you are notified of any subrogation actions taken by them. You have the right to tell them that you do not agree with their decision and they should be made aware of any settlements you are making with the at fault person or insurance company. Your lawyer will also make sure that any liens placed on you by health care providers are adequately handled so they do not try to take money from your jury award or settlement.
When you file a claim with your insurance company they will send you a letter asking for details about the accident and any damages you have suffered. They will usually ask if there is a third party involved and they may also seek to know the name of the insurer and adjuster for the at fault party. This information will help them to determine if they can pursue subrogation against the at fault party for any money paid towards your accident.
If the at fault party does not have any insurance then your insurer will need to bring a subrogation action against them personally. However, if they do not want to take this route or if it will take too long then your insurer will use one of many collection agencies to get their money back from you. This is a billion dollar cottage industry that allows insurance companies to offer competitive rates. It is possible that they will place a lien on any property you own and that you could lose some of your assets in the process.
Statute of Limitations
One of the most important aspects of a motorcycle accident case is the statute of limitations, which is the limit on how long you have to file a lawsuit after an accident. In New York, this is three years, and it is important to get help as soon as possible to avoid missing this deadline. Our attorneys can help you gather evidence and file the necessary paperwork so that you do not lose out on financial compensation.
The statute of limitations starts from the date of your injury, but there are some exceptions to this rule. For example, if you suffered an injury that caused delayed symptoms, you might have more time to bring a claim because the court will consider how long it took for you to realize that your injuries were connected to your crash. The statute of limitations may also be suspended or paused in certain situations, such as if the at-fault party leaves the state after the accident.
Another exception is if you were legally incompetent at the time of your accident due to a mental illness or intellectual disability. The law also extends the statute of limitations in cases of fraud, such as when a criminal staged an accident to make it look like you were to blame.
In most cases, the at-fault party is a driver who failed to pay attention to their surroundings or to check for other vehicles in their blind spot. But other parties who can be held responsible for a motorcycle crash include NYC transportation authorities, truck drivers, bus drivers, property owners who may obstruct the road, and manufacturers of defective vehicle components. If you are unsure who was to blame for your crash, our attorneys can determine if New York’s modified contributory negligence law might apply to reduce your damages award by a percentage based on how much you contributed to the accident. In this way, you can still recover a significant amount of damages for your injuries and losses even if you were only partially at fault. This is why it is so important to consult with a trusted attorney as soon as possible after your crash.