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A Detailed Guide To Filing Motorcycle Accident Lawsuit

Motorcycle accidents are not the same as car accidents. Usually, in a motorcycle accident, the victim suffers much more traumatic injuries, which could mean that you can get a higher settlement value. There are also many complicated legal aspects to consider in a motorcycle accident lawsuit – depending on the negligence of the other party, fault, any extraneous circumstances like whether the rider was wearing protective gear, your settlement can drastically change. This is why you need to consult an experienced attorney who can analyze your case and address the different factors to determine fair compensation.

What If I Was Not Wearing A Helmet At The Time Of The Accident? 

Although you aren’t legally mandated to wear your helmet while riding a motorcycle, not wearing one does not automatically invalidate your lawsuit. It can, however, be a significant factor that impacts the result and the settlement in your case. A personal injury lawyer is experienced to understand if your case has merits if you decide to go ahead with the lawsuit.

What Happens If I Was Partial To Blame For The Accident? 

This is also not a deal-breaker because depending on the state you live in, there is a certain factor called comparative negligence that determines the case’s outcome. The court will hear the details of the case and decide the percentage of fault by either party. Depending on this, it can significantly lessen your settlement money. But there is still a chance that you will receive the settlement.

Contributory negligence is also another factor that could impact your lawsuit. In these cases, even if you are the victim of an accident, due to contributory, you won’t receive compensation.

What Is The Statute Of Limitation For Filing Motorcycle Accident Lawsuit? 

It depends on the state. If you live in Georgia, there is a two-year statute of limitation on finding your accident lawsuit and injury claim. The clock starts right at the time of the accident. If you have still not filled out your lawsuit within two years from the accident date, the court will automatically dismiss it. It is advised that you immediately seek out an attorney and start working on filing the claim. This is the safest way to make sure your case is heard and has plenty of time to build.

Do I Get A Settlement If The Accident Was Due To Poor Road Condition? 

Even if you did not get into an accident due to the fault of it third party, you could still get a settlement. Poor road conditions like potholes give you a valid case. In this case, you are not filing your lawsuit against another car or motorcycle owner, but you will be filing the lawsuit against the city or state government where your accident took place.

What Kind Of Damages Am I Entitled To In Case Of An Accident? 

A motorcycle accident lawsuit considers different types of damage is like the pain and suffering of the victim, damage to property, ongoing medical bills, any out of the pocket expenses, loss of wages, etc. A combined weight of all of these will be considered in the final settlement.

What To Do With The Insurance Claim Offer? 

Insurance companies are always acting in their best interest. This means, if you accept their initial, you are usually getting lowballed for your pain and suffering. They want to save money, and you should refuse any settlement offer. If you choose to accept the insurance claim offer, you also forego any right to take further actions for the damages or unpaid bills in the future.

Why Should I Hire A Personal Injury At Any? 

An experienced personal injury attorney can deal with the amount of paperwork required to file a claim. These attorneys are expert in preparing a settlement, so you are case does not have to go to trial. Chances are, in most cases, your case will not go to trial. Most of the time, a motorcycle accident lawsuit is settled before it reaches trial once the victim and the insurance company of the faulted party have reached an agreement.

You can even get many attorneys to work on a contingency fee basis. So, until you have settled, you don’t have to pay anything to the lawyer. Once the settlement is decided, the lawyer takes a cutoff of the settlement money as payment for the case.

If you or your loved ones need any assistance in filing a motorcycle accident lawsuit, contact our experienced attorneys today for the best help.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association