Bikers who sustain injuries or families who lose a loved one in an accident caused by another’s negligence have the right to pursue compensation for their losses.
The amount of compensation available after a motorcycle accident depends on a variety of factors, including your medical bills, lost wages, lost earning capacity, pain and suffering, and more. It also depends on your legal representation and, indeed, whether you decide to hire an attorney.
In this blog, we discuss what a motorcycle accident attorney does, whether or not you need one, and how to go about finding the best lawyer for your case.
Information on Motorcycle Accident Attorneys
What is a Motorcycle Accident Attorney?
What a Motorcycle Accident Attorney Does
- Evaluate Your Claim and Answer Your Questions
- Investigate the Accident
- Build a Strong Case
- Negotiate Settlement Agreement
- Take Your Case to Trial
Do I Need a Motorcycle Accident Lawyer?
How Much Is My Motorcycle Accident Claim Worth?
Should I Hire an Attorney Near Me?
What is a Motorcycle Accident Attorney?
A motorcycle accident attorney is someone who has case experience representing bikers and their families in personal injury and wrongful death claims. Our main objective is to obtain full and fair compensation for bikers who sustain injuries and/or property damage or families who lose a loved one as a result of someone else’s negligence or wrongdoing.
We also manage all aspects of legal cases so that injured bikers or their families can focus on getting the care they need without the hassle of dealing with insurance companies.
What a Motorcycle Accident Attorney Does
A motorcycle accident lawyer’s primary objective is to maximize your recovery and send a message to any negligent parties that carelessness or recklessness comes at a cost. To do this, we need to conduct a thorough investigation into your accident, build the strongest possible case, and prepare for trial. While it may be true that most motorcycle accident cases end in a settlement agreement, preparing each case as if it is going to trial is necessary to create leverage in negotiations.
Below are the steps we take in preparing a motorcycle accident lawsuit.
Evaluate Your Claim and Answer Your Questions
During the evaluation stage of a motorcycle accident, personal injury, or wrongful death case, several factors are taken into consideration to determine the compensation amount that the plaintiff can receive. Your attorney will assess your claims for “damages.”
The damages that may be recoverable in a motorcycle accident case include:
- Medical expenses such as hospital bills, surgeries, medications, and rehabilitation.
- Lost wages or earning capacity due to missed work or permanent disability.
- Pain and suffering, including physical pain, emotional distress, and mental anguish.
- Property damage to the motorcycle or other personal property.
- Loss of consortium or the inability to engage in normal social and personal activities.
- Punitive damages in cases of gross negligence or intentional harm.
If the case includes wrongful death allegations, the available damages may include:
- Burial and funeral expenses for the decedent.
- Lost income the decedent would have made.
- Pain and suffering of the decedent.
- Loss of the decedent’s companionship and support.
Note that not all the damages listed above may be recoverable in every case. The specific damages depend on the circumstances of the accident and the extent of the injuries suffered by the plaintiff.
In the immediate aftermath of the accident, it is important not to accept an insurance settlement offer without speaking to a lawyer. You may be tempted to accept it and move on, but it is critical you do not do this.
Remember, insurance companies are businesses aiming to maximize profits by undervaluing claims whenever possible. As such, initial settlement offers are often lower than what the case is truly worth.
Hiring an experienced personal injury attorney helps to level the playing field and, more often, results in fair compensation for your injuries. An attorney can negotiate with the insurance company on your behalf and present evidence to show the true extent of your damages.
Investigate the Accident
In a motorcycle accident, liability falls on the party found to be at fault for causing the collision. It is important to note that California is a comparative negligence state, meaning multiple parties can share fault for an accident. For example, if a biker was partially at fault for the accident that injured them, they are still able to pursue compensation in a lawsuit against another negligent party. Not all states are comparative negligence states, so you will need to consult with a lawyer to see if you have a claim.
Determining liability in a motorcycle accident involves analyzing the facts of the case, such as witness statements, police reports, and physical evidence from the scene. An experienced personal injury attorney can help gather and evaluate this evidence to build a strong case supporting the plaintiff's claim for compensation.
Build a Strong Case
When building a strong motorcycle accident case, there are several key steps that a personal injury attorney from Wisner Baum will take.
First, we will investigate the accident to gather evidence, such as witness statements, police reports, and photos of the scene. We will consult with experts such as accident reconstruction specialists or medical professionals to support your claim for compensation.
Next, we will work to establish liability by determining who was at fault for the accident and demonstrating how their negligence caused your injuries.
Once liability is established, we will calculate the damages you suffered, including medical expenses, lost wages, pain and suffering, and for families, the loss of the relationship they enjoyed with their loved one. The investigation will determine the true value of your case.
Negotiate Settlement Agreement
After we have built a strong case on your behalf, we will engage the insurance company to negotiate a settlement for full and fair compensation. Settlement negotiations can take weeks or months, depending on your claims for damages. For example, if you sustained catastrophic injuries and require extended medical care and absence from work, your claim may take longer to settle.
While most motorcycle accidents end in a settlement, we are not in the business of settling cases for less than a fair amount. We want your case to be resolved fairly and to your satisfaction. If you are happy with the settlement terms, then we have done our job. But if not, we will fight for your legal rights in court.
Take Your Case to Trial
At Wisner Baum, our motorcycle accident attorneys prepare every case as if it is going to trial. In our experience, this work is necessary even if the case is most likely to end in a settlement. Make no mistake; if the insurance company continues to undervalue your claim, we will take them to court. Again, our goal is to maximize compensation to you and your family.
Do I Need a Motorcycle Accident Lawyer?
This is a common question after a motorcycle accident. The truth is, if you avoid serious injury and property damage to your bike, you may not need an attorney for your accident claim. But if you were harmed and/or your bike was damaged, we highly recommend speaking with a lawyer about your case just to make sure your legal rights are protected.
At Wisner Baum, we offer free motorcycle accident case evaluations where you can ask any questions you may have. During the initial consultation, we will be able to give you a better understanding of what your case may be worth and whether or not your case needs an attorney.
We believe that injured bikers should not have to go it alone when pursuing damages for an accident that was not their fault.
A study conducted by the Insurance Research Council found that the average person receives a settlement 3.5 times larger when they retain a personal injury lawyer to represent their interests after an accident. An experienced attorney on your side can help level the playing field and allow you to focus on healing from your injuries.
How Much Is My Motorcycle Accident Claim Worth?
The value of a motorcycle accident or wrongful death claim can vary widely depending on several factors, including the severity of the injuries sustained, the cost of medical treatment and rehabilitation, and the extent of lost wages or earning capacity.
In cases where liability is clear, and the plaintiff's injuries are severe, the value of the claim can be substantial. For example, a rear-end motorcycle accident resulting in catastrophic injuries such as paralysis or traumatic brain injury can result in a settlement or verdict in the millions of dollars. If such an accident results in the death of a loved one, the lost wages, expected gifts, and the loss of love, companionship, and support are all considered in calculating the value of the case.
However, other factors, such as liability disputes, comparative negligence, and insurance policy limits, can significantly impact the value of a motorcycle accident claim.
An experienced personal injury attorney can help evaluate the specific circumstances of a case to provide an estimate of its potential worth and work to maximize the plaintiff's chances of receiving full and fair compensation for their injuries.
Should I Hire an Attorney Near Me?
After a motorcycle crash, it is natural to start your search for a lawyer in your community. At Wisner Baum, we have satellite offices throughout the state of California to give our clients the benefits of a local firm combined with the resources of a nationwide firm.
Motorcycle accident cases can be complicated but getting you full and fair compensation does not have to be. Hiring our firm to be your advocate gives you the chance to exercise your legal rights without sacrificing time and energy that should be focused on healing your injuries.
Our mission is not just to earn maximum compensation on your behalf; it is also to hold responsible parties accountable for the harm they have caused you.
To schedule a free, confidential consultation, fill out our contact form or call (855) 948-5098. We accept cases in California and throughout the country.