Do I Need a Motorcycle Accident Lawyer?

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Not all auto accidents require the help of a personal injury attorney. For example, most fender benders resulting in minimum property damage and no bodily injuries are quickly resolved through the insurance company. However, motorcycle accidents commonly result in devastating injuries and require legal representation to adequately value the damages and meet the court’s burden of proof for negligence in a civil case. Suppose you suffered an injury or recently lost a loved one in a motorcycle accident because of the other driver’s carelessness. In that case, a motorcycle accident lawyer could help you get the compensation you deserve.

Could You Receive More Damages With the Help of a Motorcycle Accident Lawyer?

 

The damages available for recovery in your case depend on the severity of the accident and your injuries. However, most people are able to recover significantly more from a motorcycle accident lawsuit with the help of an attorney. An experienced attorney can provide you with a better understanding of non-economic damages, such as pain and suffering, and how to value those losses. Additionally, personal injury attorneys possess better than average negotiation skills, which they use in communications with the insurance companies to secure a fair settlement. To better understand the value of having legal representation, consider the potentially recoverable damages from a motorcycle accident and the evidence you need to support them.

Potential Damages From a Motorcycle Accident

 

The compensatory damages from a motorcycle accident are those losses the at-fault party must pay to help make the victim whole again. They include the following economic and non-economic damages:

  • Medical costs. Any medical treatments you receive for injuries incurred during the accident are recoverable. For example, these include the cost of ambulance services, emergency care, medications, hospital stays, doctor appointments, rehabilitation, and medical devices.
  • Lost income. If your injuries resulted in missed work or an inability to earn your wages prior to the accident, you could request payment for lost current and future wages.
  • Property damage. If your motorcycle or any other property sustained damage from the accident, you could claim the repair or replacement cost.
  • Out-of-pocket expenses. If you need in-home care during recovery, help with childcare, or transportation to and from medical treatments, you can claim those as well.
  • Pain and suffering. You can claim the suffering caused by the physical pain of your injuries.
  • Emotional and mental distress. If your injuries or loss of a loved one resulted in depression, anxiety, or post-traumatic stress disorder, you could claim the loss of enjoyment in life caused by these disorders.

The economic damages, such as medical bills and lost wages, are easily proven using statements from clinics and hospitals and pay stubs. However, you would likely benefit from speaking with a motorcycle accident attorney to value and prove your non-economic damages. For example, your attorney can access relative mental health experts and conduct interviews with friends and family who can attest to the mental and emotional changes you have displayed since the accident. Additionally, your attorney understands the process of translating your emotional losses into monetary damages.

Possibility of Exemplary Damages

 

Motorcycle accidents rarely result in an award of exemplary damages. However, when they do, the payment is usually substantial. If the court decides the defendant in your case acted despicably, they may deem it appropriate to require them to pay you exemplary damages. For example, driving under the influence or other highly reckless behavior may warrant paying exemplary damages.

What if You Lost a Loved One as the Result of a Motorcycle Accident?

 

If you lost a loved one in a motorcycle accident in which the other party was to blame, you should consider contacting a personal injury attorney. Wrongful death cases can sometimes be more challenging. Additionally, there are specific and general damages available in wrongful death cases you may need help proving. For example, you could recover:

  • The cost of funeral and burial or cremation
  • The value of services or goods your loved one provided
  • The value of your loved one’s lost income
  • Loss of inheritance you would have received from your loved one
  • Lost benefits the deceased provided, such as healthcare or retirement funds
  • Loss of companionship or consortium
  • Loss of love and nurturing the deceased person provided

Who can file a wrongful death case varies from state to state. However, most states permit the parents of the deceased, surviving spouse, adult children, or a representative of the deceased person’s estate to file. In cases where the deceased person has no living heirs, more distant family members, such as siblings or grandparents, may file in some states.

How Does the Court Handle Shared Fault in a Motorcycle Accident?

 

If you share fault for the accident, the court may still allow you to recover damages. For example, in an auto accident case, the issue of shared responsibility is resolved using the comparative negligence rule. This rule requires the court to determine your percentage of fault for the accident and deduct it from the final compensation. Additionally, if your portion of fault exceeds that of the defendant, you can only receive compensation if your state follows the pure comparative negligence rule. States adhering to the modified comparative negligence rule set a threshold for eligibility at either 50% or 51%. Pure comparative negligence states allow you to recover compensation even if you are 99% to blame for the accident.

How Can a Motorcycle Accident Lawyer Benefit Your Case?

 

Apart from the possibility of compensation that more accurately reflects the damages you suffered from your motorcycle accident, a personal injury attorney specializing in this type of auto accident provides many other benefits to your case. The cost is the most common reason people avoid hiring legal representation for a lawsuit. Fortunately, most motorcycle accident lawyers work on contingency. This means they require no upfront fees for your initial consultation or to get started on your case. Instead, their access to payment is contingent on their ability to secure compensation for you.

Some other ways a motorcycle accident lawyer can benefit your case include:

  • Negotiating for a settlement without needing to take your case to trial
  • Handling all the communications with the insurance provider and the defense
  • Accessing experts to support elements of your claim involving negligence and losses
  • Conducting all the necessary interrogations and depositions during the discovery phase
  • Collecting all the evidence you need to support your claims of liability and damages
  • Acting as a personal friend during this challenging time in your life, whether you are healing from a devastating injury or grieving the loss of someone close to you

At Mike Morse Law Firm, our legal team has extensive experience in motorcycle accident cases. We commit to providing unparalleled customer service and aggressive legal representation to ensure you have access to fair and fast compensation. We know the financial struggles you face in the aftermath of a severe accident, which is why we work on contingency. Consider talking to a compassionate and skilled attorney today. Call Mike Morse Law Firm at 800-MIKE-WINS or start a live chat on our website. We are available to talk 24 hours a day, seven days a week. You can also complete an online case evaluation form, and you will hear back from us as soon as possible.

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