If you’ve suffered an injury in a motorcycle accident, you may be facing major medical bills, lost income from missing work, pain and suffering, and other challenges. The thought of a long legal battle can be overwhelming when you’re already dealing with so much. However, the reality is that filing a motorcycle accident lawsuit with the help of an experienced motorcycle accident lawyer is often the best way to get the full compensation you deserve.
Read about the motorcycle accident lawsuit process and timeline to understand what to expect. If you’ve been in a crash, don’t wait – contact a Dallas motorcycle accident lawyer today for a free consultation about your case.
Getting Medical Treatment After a Motorcycle Accident
The priority after any motorcycle accident is your health. Get a full medical evaluation as soon as possible. Some serious conditions, like traumatic brain injuries, may not show symptoms right away. Prompt diagnosis and treatment will help ensure the best recovery possible. Seeing a doctor also documents your injuries, which will be important evidence in your case.
Your motorcycle accident lawyer will want to see your medical records and bills to calculate the full extent of your damages. Be sure to attend all follow-up appointments and complete the treatment plan recommended by your healthcare providers. If you skip doctor visits or ignore medical advice, the insurance company may argue that you aren’t as badly hurt as you claim.
It can be tempting to just use your health insurance to pay for treatment so you can put the whole thing behind you. However, your health insurer will expect you to reimburse them from your settlement or jury award. You can bear these costs if your policy has high deductibles and copays. A motorcycle accident lawyer can aid in exploring options like a medical lien or letter of protection, where your providers agree to wait for payment until you resolve your case.
Investigating the Motorcycle Crash
While you focus on healing, your motorcycle accident lawyer will begin investigating to determine who was at fault for the crash and gather evidence to build your case.
This process may include:
- Visiting the scene of the accident to observe road conditions, traffic control devices, lines of sight, and other key details
- Collecting photos and video footage of the vehicles, injuries, and scene
- Interviewing eyewitnesses
- Reviewing police reports and citations issued
- Analyzing medical records to show the cause and extent of your injuries
- If needed, hire expert witnesses like accident reconstructionists to prove how the crash occurred.
Your motorcycle accident lawyer will also identify all possible sources of compensation, such as the at-fault driver’s insurance policy and your own uninsured/underinsured motorist coverage. If a defective motorcycle part or hazardous road condition contributed to the wreck, a product liability or road design claim may also be possible.
Negotiating with the Insurance Company
Once your motorcycle accident lawyer has built a strong case and determined the value of your claim, they will send a demand letter to the insurance company detailing your injuries and other losses. The insurer will have a set period, usually 30 to 45 days, to investigate and respond.
In most instances, the first settlement offer from the insurer will be far less than you deserve. Your motorcycle accident lawyer will negotiate aggressively to obtain full and fair compensation on your behalf. Discussions may go back and forth for a period of weeks to months.
Throughout this process, your motorcycle accident lawyer will keep you informed, convey settlement offers, and provide advice on your options. However, whether to accept a settlement is ultimately up to you. Your attorney cannot make this choice for you or force you to agree to an offer you aren’t happy with.
If negotiations are unsuccessful, your motorcycle accident lawyer will discuss moving forward with a lawsuit. Sometimes, filing a lawsuit is enough to prompt a better settlement offer, as the insurance company realizes you are serious about pursuing your case.
Filing a Motorcycle Accident Lawsuit
If your motorcycle accident lawyer cannot negotiate an acceptable settlement, filing a formal lawsuit is next. This process begins with drafting and filing a complaint with the appropriate court. The complaint lays out the facts of the case and the compensation you seek.
The person or entity you are suing, known as the defendant, must be formally served with the lawsuit paperwork. They will then have a set period, usually 20 to 30 days, to file a response called an answer. The defendant may admit to some parts of your claim, deny others, and raise defenses, arguing they aren’t liable.
From there, the case enters the discovery phase. During this period, both sides exchange evidence and information about the case. Your motorcycle accident lawyer may send written questions to the defendant, request documents, and take depositions (formal questioning under oath). The defendant is entitled to the same from you. You may have to answer interrogatories, undergo an independent medical exam, or give your own deposition.
This investigatory process can last several months to a year or more, depending on the complexity of the case and the court’s schedule. After discovery ends, if a settlement still hasn’t been reached, a trial date will be set. However, cases often settle before reaching the courtroom, as both sides gain a more complete picture of the evidence during discovery.
Motorcycle Accident Trials & Verdicts
If your case goes to trial, your motorcycle accident lawyer will present your claim to a jury. The defendant will also have an opportunity to argue their side. After hearing the evidence, the jury will deliberate and return a verdict.
If the jury finds your favor, they will also determine the compensation you should receive. But if you lose, you may not recover any damages at all. In some cases, you can file an appeal if legal errors occur. However, the process must start all over again, adding more time.
While a successful trial verdict can result in a larger award, it is also riskier than settling out of court. With a settlement, you have more control over the outcome and can be certain of receiving an agreed-upon sum. With a trial, you are leaving the decision up to a jury. They may award more than you expected, less, or nothing at all.
Collecting Your Motorcycle Accident Settlement or Judgment
If you reach a settlement or win a trial verdict, your Dallas motorcycle accident lawyer will collect the funds on your behalf, but you won’t receive a check immediately. Your lawyer must first resolve any claims against your settlement, such as medical liens or reimbursement rights from your health insurer. You must also repay the court costs and litigation expenses advanced by your lawyer.
Once you address all valid liens and expenses, your motorcycle accident lawyer will deduct their fees and send you the remaining balance. Most lawyers handle motorcycle accident cases contingently, meaning they only get paid if they recover money for you. If you lose, you will likely owe nothing other than case costs.
How Long Does a Motorcycle Accident Lawsuit Take in Total?
As you can see, quite a few steps are involved in resolving a motorcycle accident claim through the legal system. On average, settling can take several months to one to two years, while a trial can extend the timeline to two to three years or more.
No two cases are exactly alike, and many factors can affect how long the process takes, including:
- Severity of injuries: Claims involving catastrophic injuries or permanent disability often take longer due to the large sums at stake and the need for professional testimony to prove future damages.
- The number of parties: Cases with multiple defendants, such as an at-fault driver and a defective bike part manufacturer, are more complex and time-consuming.
- Liability disputes: If the parties strongly dispute fault for the crash, the case will require more investigation and negotiation than a clear-cut case.
- Lowball offers: If the insurance company refuses to make a fair offer, filing a lawsuit may be the only option for obtaining full compensation.
- Court backlogs: High caseloads can create scheduling delays, particularly if a case goes to trial.
Given all the variables involved, your Dallas motorcycle accident lawyer can give you the best estimate for your specific case. Schedule a consultation as soon as possible after your crash to discuss your options and begin the process.
Maximizing Your Motorcycle Accident Settlement
Since pursuing a motorcycle accident lawsuit can be a long process, you’ll want to make sure you are doing everything possible to obtain the maximum compensation commensurate with your injuries.
Here are some tips for protecting your legal rights and strengthening your case:
- Seek medical treatment: Don’t downplay your injuries or delay care. Follow all your doctor’s orders and attend every appointment.
- Preserve evidence: Do not erase any photos you took of the accident scene, visible injuries, or vehicle damage. Keep the clothing and gear you were wearing in a safe place. File contact information for any witnesses in a safe place.
- Watch what you say: Don’t post about your accident or injuries on social media. Avoid discussing fault with the other driver or their insurer. A simple “I’m sorry” can be twisted into an admission of blame.
- Don’t provide a recorded statement: The at-fault driver’s insurance company may pressure you to give a recorded statement about the crash and your injuries. Politely refuse, as they can use your own words against you later.
- Start a pain journal: Jot down how your injuries impact your daily life – the pain and difficulties you experience, activities you can no longer pursue, and events you miss out on.
The sooner you consult with an experienced attorney, the sooner they can start building your case and fighting for your rights. Strict deadlines apply to motorcycle accident lawsuits, so don’t delay seeking legal advice.
Frequently Asked Questions About Motorcycle Accident Lawsuits
How much is the average motorcycle accident settlement?
The value of a motorcycle accident case depends on many factors, including the severity of injuries, medical expenses incurred, earnings lost, insurance coverage available, and degree of fault. In general, motorcycle accident settlements tend to be larger than car accident settlements because motorcyclists often suffer more extensive injuries.
What is the statute of limitations for a motorcycle accident lawsuit?
The statute of limitations is the deadline for filing a lawsuit. If you try to sue after this window passes, the court will likely dismiss your case.
Statutes of limitations vary by state and type of claim. In most states, you have two to three years from the date of a motorcycle accident to file suit. Note that the clock usually starts running on the crash date, regardless of how long your injuries last. Don’t wait until the last minute to contact a motorcycle accident lawyer.
Can I file a motorcycle accident lawsuit for a hit and run?
If you suffered an injury by a hit-and-run driver while riding your motorcycle, you may feel like you have no recourse. Don’t give up hope without speaking to a motorcycle accident lawyer. You can seek compensation through your uninsured motorist policy or other sources, depending on the facts of the case. Your attorney can investigate the crash and explore every potential avenue of recovery.
Contact a Motorcycle Accident Attorney in Your Area Today
If you are struggling to pay your medical bills and make ends meet after a motorcycle accident, you are not alone. You don’t have to face the legal process by yourself. An experienced Dallas motorcycle accident lawyer can handle the day-to-day aspects of your claim and fight to get you maximum compensation, allowing you to focus on your health and recovery.
The road ahead may be long, but a skilled advocate in your corner can make all the difference. With the right attorney, you can tackle the complexities of your case and safeguard your rights throughout the process.Contact a motorcycle accident attorney in your area today for a free case evaluation and take the first step toward securing the justice and compensation you deserve.
