How a Motor Cycle Accident Lawyer Can Help You
A seasoned motor cycle accident lawyer is well versed in negotiating with insurance companies for the maximum amount of compensation possible. They can also help you determine the extent of your injuries and losses, including future medical, rehabilitation, and therapeutic needs.
If you want to get the best results, choose a lawyer that cares about your case. A caring lawyer will fight for you in and out of court.
Insurance Claims
When an accident occurs, the victim must file a claim with the insurance company to cover medical costs and property damage. An experienced lawyer will review the policy, investigate the crash scene and collect substantiating evidence for the case. They will also take care of all communication with the insurer, protecting the client from statements that may harm the claim.
The lawyer will calculate the total cost of the victim’s damages, including lost wages (if the injuries have impacted their ability to work), rehabilitative costs, medical bills and rental car fees. They will also consider the pain and suffering incurred by the victim, assessing how long the injury has lasted and quantifying it in a monetary value.
They will negotiate with the insurance company to settle the case, or they will prepare a lawsuit for trial in accordance with state laws. They will remain open and transparent throughout the process, keeping you updated on all developments. This allows you to focus on your recovery and reduces your stress as the legalities are taken care of.
Litigation
Research by the Insurance Research Council shows that injury claim payouts are 3.5 times higher when the injured party has legal representation. This is because attorneys negotiate for a larger award and can make sure that past, present, and future financial, medical, therapeutic, and rehabilitation needs are addressed in the settlement.
Experienced motorcycle accident lawyers are adept at negotiating and are skilled in legal strategy to ensure that you receive the maximum amount of compensation possible. They are also ready to go to trial to protect your rights and interests. They will also ensure that you file your lawsuit within the period established by Civil Practice Law & Rules SS 214, which is called the statute of limitations.
An attorney will conduct an investigation to identify the liable parties and gather evidence that supports your claims. This can include witness interviews, accident reconstruction, and gathering expert opinions. They will communicate with the insurance company on your behalf and manage all negotiations while advancing your case. They are well aware of the tactics that insurance companies use to shift blame onto riders and will be prepared to counter them.
Appealing Denied Claims
When an insurance company denies a claim, a motor cycle accident lawyer can file an appeal according to the insurer’s guidelines. This step typically requires more documentation than the original submission. It may also include a request for an external review of the case.
A motorcycle accident lawyer can also assist in establishing the value of an injury. They can help collect receipts, prescriptions, and notes regarding lifestyle changes in order to establish economic damages such as medical expenses and lost income. They can also determine if a victim is eligible for non-economic damages such as pain and suffering or emotional distress.
An experienced motorcycle accident lawyer can also file a lawsuit to hold the at-fault party responsible for causing the accident. They can sue the driver, the vehicle owner, or even a government entity if the crash was caused by a dangerous road condition. They can also use expert testimony to establish liability, if necessary. They can also fight for punitive damages if the at-fault party acted with intent or recklessness. This type of damage is meant to punish and deter others from engaging in similar actions.
Comparative Negligence
In a motorcycle accident case, insurance companies often try to shift blame to the victim in an attempt to get them to back down or accept a lowball settlement. This is especially true when the insurers are dealing with a skilled, experienced motorcycle injury lawyer.
Fortunately, New York follows pure comparative negligence laws, which means you will not lose your right to recover damages if you are partly responsible for your crash or injuries. However, the amount you will be able to receive may be reduced by your percentage of fault.
It is vital to refrain from discussing your situation or admitting fault to anyone other than your attorney, including insurance providers. Even seemingly innocuous comments can be used against you by an insurance provider to prove that you are more responsible for the accident than you really are. An experienced motorcycle accident lawyer can help you preserve evidence, build your claim, and prove that you deserve maximum compensation. This can include receipts for any medical expenses, notes about your lifestyle changes, and photographs and videos of the crash scene.
Insurance Companies
After a motorcycle accident, it’s common for insurance companies to contact victims to make offers and begin investigations. Insurance representatives often use tactics to avoid paying the full amount a victim deserves. An attorney who is experienced in handling motorcycle accidents knows these tricks and understands how to fight them.
A lawyer can take care of all the necessary paperwork and filings so you can focus on recovering. In addition, a legal professional can protect you from saying things that might be used against you later on. For example, if an insurance company calls and asks you to provide a recorded statement, tell them that you have retained an attorney and give the lawyer’s contact information.
Some police officers might wrongly assign fault to motorcyclists by making assumptions about their riding habits. An attorney can conduct investigations to correct this mistake and ensure that the proper party is held accountable. They can also research the accident report to find additional evidence that supports your claim, such as skid marks and witness testimony. They can then negotiate with the insurance company to ensure that you receive fair compensation for your injuries and losses.
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