How Do You Recover From a Motorcycle Accident?Motorcycle Accident
A motorcycle accident can happen in an instant. You are strolling along on your bike when people suddenly ask if you are okay. While the medical recovery process relies on your medical team and you, the legal recovery process is entirely different.
Motorcycle accident victims cannot fathom dealing with both recovery issues simultaneously. The good news is you do not have to worry about the legal recovery process because a local motorcycle accident attorney will handle the entire process for you.
Motorcycle accident victims deserve the dignity and space to recover from the negligent actions of another party. The additional stress of a lawsuit or legal claim should not hinder your recovery process. A motorcycle lawyer can provide you with the legal assistance you need during this difficult time. There are many ways you can recover legally after an accident.
The best way to recover is to have a motorcycle accident lawyer file a claim with the other driver’s insurance policy. A lawyer will file a lawsuit on your behalf if that does not work. Focus on your physical well-being while an attorney focuses on legal recovery. Respected motorcycle attorneys have a no-win, no-fee arrangement, so you do not have to worry about affording a consultation or representation.
Causes of motorcycle accidents
Drivers on the road often ignore or disregard motorcycles. They do not want to share the road with you, which can often lead to severe consequences for riders simply trying to get to their next destination. The leading cause of motorcycle accidents is driver negligence.
Some common examples of driver negligence are:
- Ignoring traffic signals
- Texting and driving
- Wrangling the kids while driving
- Drowsy or fatigued driving
- Failure to yield
- Blind spot accident
- Not following the rules of the road
- Aggressive driver
- Switching lanes without looking
There are many other ways that a driver’s negligence can contribute to a motorcycle accident. You will need a full investigation to uncover the real reason behind your ailments.
What compensation can you recover?
The premise of a recovery claim is to obtain compensation for the damages that resulted from the accident to make you whole again.
Some typical motorcycle accident compensation you can receive include:
Rehabilitation services: A motorcycle accident will result in extensive physical therapy and other rehabilitative services. These services will be ongoing as your needs can change throughout life. Accessing rehabilitative services will allow you to learn a new way to accomplish the same tasks as before. You may be unable to perform functions as you did before.
Property damage: Your motorcycle is a total loss, and you have no other form of transportation. You will need to replace your ride, and that means you need money to do so. Within the claim, your attorney will request compensation for your vehicle and any other personal items you lost during the motorcycle accident. You will also obtain reimbursement through a claim if you are using a rental.
Pain and suffering: Many accident claims rely heavily on pain and suffering damages. These damages will cover the pain and suffering you have already suffered and will suffer due to another person’s negligent actions. There is the physical and emotional pain that the person endures. Any disruption to your daily life is relevant to a pain and suffering damage claim.
Medical expenses: You will receive many medical bills for the treatment you obtain for your injuries. You will likely need to stay in the hospital for weeks or maybe months before you can go home. All of these bills will add up even if you have health insurance. You will also face ongoing care costs that your attorney and other professionals must calculate.
Some of the medical expenses you can recover financial compensation for are:
- Emergency care
- Prescription medications
- Long-term care treatment
Lost wages and future earning potential: While you recover from the accident, you will be unable to work. When you face a permanent injury, the chances of returning to any job disappear. Your attorney will review past pay stubs, tax records, and other financial documents to calculate how much income you lost while you were out of work.
While it is harder to calculate, a financial expert can do it. If you have a permanent disability resulting from the accident that affects your future earning potential, this will also be necessary for your claim. You can obtain future lost earning potential compensation if you cannot return to your previous job or work at all.
Loss of companionship: Having a family is a goal for many individuals, and when the relationship with your family changes because of an accident, it can cause insufferable pain. You will be unable to do the same things you did before, like playing baseball with the kids or spending time with your parents. Your spouse will be unable to get the intimacy and compassion they once did. There is no price tag on these relationships.
Emotional trauma: Aside from the physical constraints you are now dealing with, there are also emotional and psychological conditions to contend with. You will suffer from anxiety, depression, or PTSD, which can heavily influence how you live your life. These damages are complicated to prove and calculate because no one can tell another person how to feel. You will need to get counseling and other services for your conditions.
Some of these losses will have tangible ways to calculate, while others do not. Medical bills and property damage will be easy to calculate because many different bills and receipts are available. Emotional trauma and loss of companionship, on the other hand, are much harder to compute. The key is to establish a baseline of compensation for your case. You will need more than a calculator to determine how much you will continue to suffer due to the negligent actions of a third party.
How to know if it is a fair settlement?
Accident victims are unsure whether a settlement offer is fair or not. Since you are focusing on your medical recovery, you will be more likely to take the first settlement that comes your way, even when it does not account for future medical treatment or losses.
There is no quantifiable answer to how much you will get for your accident recovery claim because there are many different factors that go into a motorcycle claim. It is best to speak with a lawyer and have them review any settlement offer you receive before accepting it.
Once you take a settlement from the insurance company, you can no longer go back and try to obtain more compensation. A fair settlement offer provides payment for all of the damages you sustain from the accident until the current moment and all damages you will continue to sustain for the rest of your life. A settlement must cover all of your expenses; otherwise, it is not a reasonable or fair settlement.
Working with your local motorcycle accident attorney is the best way to know if you have a reasonable settlement. They have the experience necessary to delve into whether the settlement is a good one or not. With years of experience, they have seen many settlement offers and know what accident victims need to recover and live a comfortable life.
Are there time limits to file?
While you may sustain lifelong injuries, you will not have a lifetime to file a claim or a lawsuit. Each state has a specific statute of limitations for personal injury claims. Most of the time, it is two to three years from the date of the accident. Depending on exceptional circumstances, the deadline can be longer or shorter. You must call a lawyer immediately to begin filing the necessary paperwork for your claim. Your life will depend on it.
How does a motorcycle accident attorney help your claim?
Motorcycle riders sustain most of the damage when an accident involves a larger vehicle like a car or truck. Many times these accidents result in the motorcyclist sustaining permanent disability or impairment. You will need to call a lawyer who can help you through the legal recovery process.
A good lawyer can accomplish many different goals on your behalf.
- Investigation: While there is a preliminary investigation at the scene, your lawyer must conduct an in-depth investigation afterward. The investigation requires your motorcycle attorney to speak to eyewitnesses, request the police report if you have not already, visit the scene and take additional photography, collect videos from traffic cameras and local establishments, etc. The list is truly endless when it comes to a thorough investigation by a personal injury motorcycle attorney.
- Gather the facts: In addition to investigating the scene, a lawyer will also gather relevant information for your claim. Your attorney will gather every single document you need to prove your claim and present it to the rival insurance company while you continue to focus on healing. The injuries you sustain will be catastrophic, and it is vital to prove that to the insurance company. The insurance company will argue aggressively that your injuries are not as bad as you say. Even in cases of an amputation that was the cause of an accident, the insurance company will try to deny the entire claim or say the amputation was due to another ailment. They are ruthless, and you must have substantial proof of your medical needs.
- Representation: When you hire an attorney to represent you, that is what they will do. In many different legal processes, you will need representation. You will be physically unable to attend court hearings and insurance meetings, but your attorney is not. They will participate in these meetings as your representative. They will also handle all legal paperwork and other administrative tasks for your case.
- Guidance: You are not familiar with the legal process and the law, but an experienced motorcycle attorney is. You may believe you have a straightforward case, and then the opposing counsel begins hitting you with legal loopholes. You will find yourself confused, but you should not. A lawyer can guide you on the entire claims process and the legal loopholes and strategies the insurance company is attempting to use against you. They can also provide options on what to do next and how to come out on top. You can only get this information when you hire an attorney.
- Negotiations: You get news of a claim approval and think, this is the end. Sadly that is not the end. Once the insurance company approves the claim, then comes the time to negotiate. The insurance company will begrudgingly offer you a settlement offer that benefits them. Most accident victims are not familiar with how much a fair settlement is, and they will gladly take the first offer. When you have an attorney on your side, they will negotiate for a higher settlement offer that covers all of your losses and expenses. If a fair settlement does not come from the insurance company, the next step will be to file for litigation.
Legal representation will be critical to obtaining the compensation you need for your damages. You must call a local motorcycle accident lawyer immediately after an accident with a no-win, no-fee agreement.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.