Should I Get a Lawyer for a Motorcycle Accident?

September 12, 2024 | By Mike Hancock
Should I Get a Lawyer for a Motorcycle Accident?
Motorcycle Accidents phrase on the page.

Getting into a motorcycle accident can be scary and confusing. You might be hurt, your bike might be damaged, and you're probably worried about what to do next. One question you might have is whether you should get a lawyer to help you. Here, we will explain why getting a Tampa motorcycle accident lawyer for your case is often a smart move.

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Why a Lawyer Can Help After a Motorcycle Accident

There's a lot to deal with when you're in a motorcycle crash. You need to focus on getting better if you're hurt. You might have doctor's bills piling up. Your motorcycle might need repairs. You might even have to miss work and lose money. It's a lot to handle on your own.

A motorcycle accident lawyer knows how to deal with all these things. They've helped many people in similar situations before. They understand the laws about motorcycle accidents and know how to protect your rights.

Motorcycle accident attorneys can talk to insurance companies for you. They can gather evidence about your accident. They can determine how much money you should get for your injuries and other problems caused by the crash. Having an attorney means you don't have to worry about all these details when you should be focusing on getting better.

Getting Medical Help After Your Accident

 doctor and patient with consultation in clipboard for medical history,

The first thing you should do after a motorcycle accident is get medical help. Even if you don't think you're badly hurt, it's smart to see a doctor. Some injuries don't show up right away, but a doctor can spot them early.

Getting medical help right away is also important for your case. It creates a record of your injuries from the accident. This can be helpful later if you need to prove how badly you were injured.

Remember, your health is the most important thing. Don't skip getting checked out just because you're worried about money. A good attorney can help you figure out how to pay for your medical care later.

Talking to Insurance Companies

After a motorcycle accident, insurance companies might try to contact you. They might ask you to give a statement or offer you money to settle quickly. It's not a good idea to talk to them without an attorney.

Insurance companies are trying to save money. They might offer you less than you deserve. They might try to use what you say against you to pay you less. A lawyer knows how to deal with insurance companies. They can talk to them for you and make sure you don't say anything that can hurt your case.

Why You Should Call a Lawyer Soon

It's smart to call a lawyer pretty soon after your accident. There are time limits for filing a case, called statutes of limitations. If you wait too long, you might lose your chance to get money for your injuries.

Also, evidence can disappear over time. Witnesses might forget what they saw. Road marks might get washed away. The sooner a lawyer can start working on your case, the better chance they have of getting good evidence.

Understanding Negligence in Motorcycle Accidents

In many motorcycle accident cases, lawyers talk about something called negligence. Negligence means someone wasn't being as careful as they should have been. For example, if a car driver was texting and hit you on your motorcycle, they were being negligent.

To win your case, your motorcycle accident attorney must show that someone else was negligent and that their negligence caused your accident and injuries. This can be tricky to prove, so, having a skilled lawyer is important.

Types of Damages You Might Get

When lawyers talk about "damages," they mean the money you might get because of your accident. There are different types of damages:

  • Medical expenses: This covers your hospital bills, doctor visits, medicine, and any future medical care you might need because of the accident.
  • Lost income: If you missed work because of your injuries, you can get money for the lost pay.
  • Pain and suffering: This is money for the physical pain and emotional distress you went through because of the accident.
  • Property damage: This covers repairs or replacement for your motorcycle and any other property damaged in the crash.

A good attorney will work to get you all the damages you deserve. They know how to calculate these amounts and argue for them in court or during settlement talks.

When you hire a lawyer for your motorcycle accident case, they'll guide you through the legal process. Here's a simple breakdown of what might happen:

First, your lawyer will investigate your accident. They'll gather evidence, talk to witnesses, and look at police reports. They might hire experts to recreate the accident scene or explain your injuries.

Next, your lawyer will usually try to settle your case out of court. They'll negotiate with the other side's lawyers or insurance company to get fair compensation for your losses.

If they can't reach a fair settlement, your lawyer might file a lawsuit. This doesn't always mean you'll go to trial. Many cases settle even after a lawsuit is filed.

If your case goes to trial, your lawyer will present your case to a judge or jury. They'll argue why you deserve compensation and how much you should get.

Throughout this process, your lawyer will keep you informed and help you make decisions about your case.

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What Happens in Discovery

One important part of a lawsuit is called discovery. During discovery, both sides share information about the case. Your lawyer might send written questions (called interrogatories) to the other side. They might ask for documents related to the accident.

The other side's lawyers will do the same. They might ask you to answer questions or give a deposition. A deposition is when you answer questions under oath before the trial.

Discovery can take a while, but it's important. It helps both sides understand the strengths and weaknesses of the case. This information often leads to settlements.

Mediation and Arbitration: Other Ways to Solve Your Motorcycle Accident Case

Sometimes, motorcycle accident cases are settled through mediation or arbitration instead of going to trial.

Mediation is when both sides meet with a neutral person called a mediator. The mediator helps you try to reach an agreement. They don't make any decisions for you, but they help you and the other side talk and negotiate.

Arbitration is a bit like a mini-trial. An arbitrator (or sometimes a panel of arbitrators) listens to both sides and then makes a decision. Arbitration is usually faster and less formal than a trial.

Your motorcycle accident attorney can help you decide if mediation or arbitration might be good options for your case.

Why Insurance Companies Might Offer a Quick Settlement

Insurance Companies Might Offer A Quick Settlement

After your accident, the other driver's insurance company might offer you a quick settlement. They might say it's to help you out fast. But be careful - there's usually a catch.

Insurance companies often offer quick settlements much lower than your case is worth. They hope you'll take the money before you realize how bad your injuries are or before you talk to a lawyer.

If you take their offer, you typically have to sign something saying you won't ask for more money later. This can be bad if your injuries turn out to be worse than you thought.

That's why it's smart to talk to a lawyer before you accept any settlement offer. A lawyer can tell you if the offer is fair or if you should ask for more.

What to Expect When Working with a Motorcycle Accident Lawyer

When you hire a motorcycle accident lawyer, you're starting a partnership. Here's what you can expect:

Your lawyer will want to hear your whole story about the accident. They'll ask you lots of questions and will want to see any evidence you have, like photos or medical records.

They'll explain how the legal process works and what your options are. They should give you their honest opinion about your case - including how strong it is and what challenges you might face.

Your lawyer will keep you updated on what's happening with your case. But remember, legal cases can take time. There might be periods when not much seems to be happening. This is normal, and your lawyer should explain why.

You should feel comfortable asking your lawyer questions. If you don't understand something, ask them to explain it. A good lawyer wants you to be informed and involved in your case.

Why Motorcycle Accident Cases Can Be Tough

Motorcycle accident cases can be harder to win than car accident cases. There are a few reasons for this.

Some people have negative ideas about motorcycle riders. They might think all riders are reckless. This isn't true, but these attitudes can affect your case.

Motorcycle injuries are often more serious than car accident injuries. This means the other side might fight harder because there's more money at stake.

It can be harder to prove exactly what happened in a motorcycle accident. Motorcycles don't leave the same kind of marks on the road that cars do.

These challenges are another reason why having a skilled motorcycle accident lawyer is important. They know how to overcome these hurdles and build a strong case for you.

How Motorcycle Accident Lawyers Prove Who Was at Fault

Proving who was at fault in a motorcycle accident is a major part of winning your case. Lawyers use several methods to do this.

They look closely at the police report. This report often has important details about the accident and might say who the police think was at fault.

They talk to witnesses who saw the accident happen. Witness statements can be very powerful evidence.

Sometimes, lawyers hire accident reconstruction experts. These experts use science to figure out how the accident happened. They might look at things like skid marks, damage to the vehicles, and the final positions of the motorcycle and car.

Lawyers might also look for video of the accident. This can be from traffic cameras, nearby security cameras, or even dash cams.

This evidence helps your lawyer build a strong case showing that the other driver was at fault for your accident.

Why Acting Quickly Is Important After a Motorcycle Crash

After a motorcycle accident, you might be tempted to wait before calling a lawyer. You might want to see how your injuries heal or wait for the insurance company to make an offer. But waiting too long can hurt your case.

Evidence can disappear quickly after an accident. Skid marks wash away. Witnesses forget what they saw or move away. The sooner your lawyer can start investigating, the better.

Also, there are legal deadlines for filing a lawsuit. If you wait too long, you might lose your right to sue.

Plus, the sooner you have a lawyer, the sooner they can start dealing with the insurance company for you. This can relieve a lot of stress and help you focus on getting better.

Being in a motorcycle accident is tough. You're dealing with injuries, maybe missing work, and worrying about bills. It's a lot to handle on your own.

That's why getting a lawyer can be so important. A good motorcycle accident lawyer does more than just file paperwork. They are your advocate, your guide through the legal process, and your protector against insurance company tactics.

They can pursue the money you need for medical bills, lost income, and other costs from your accident. They can take the stress of dealing with insurance and legal issues off your shoulders so you can focus on getting better.

Remember, most motorcycle accident lawyers are affordable and offer free consultations. This means you can talk to a lawyer about your case without any cost or commitment. They can help you understand your rights and options.

If you've been in a motorcycle accident, you should always reach out to a personal injury lawyer as soon as possible. The sooner you get legal help, the better your chances of getting a fair outcome for your case. A skilled motorcycle accident lawyer can make a vital difference in your recovery and your future.

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Mike Hancock

TAMPA PERSONAL INJURY ATTORNEY

People involved in serious accidents experience loss and often don’t know what to do next. Tampa Personal Injury Attorney Mike Hancock has dedicated his career to handling the recovery process for his clients so that their lives can get back to normal.

Mike has excelled in personal injury litigation for over 30 years and even though that’s earned him numerous professional honors, what’s most important to him is meeting directly with you and his commitment to giving you peace of mind.

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