Everyone involved in a motorcycle accident should consider getting a lawyer. Insurance companies do not always offer fair compensation without being convinced to do so. In fact, insurance companies have a clear financial motivation to offer injured riders less compensation than they deserve—these are businesses that operate to make the most money they can, and paying claims runs counter to that goal.
A motorcycle accident lawyer will protect you from any attempts to underpay you. Insurers' bad-faith tactics can be subtle, so a lawyer's help is immensely valuable.
Top Reasons to Hire a Motorcycle Accident Lawyer
Anyone who has been through a motorcycle accident understands how much it takes out of you. Between physical pain, psychological and emotional trauma, and the loss of one's ability to live their life normally, injured riders are often diminished in many ways.
At the same time, the stakes of an insurance claim or lawsuit are high. Many riders recognize that they cannot afford to handle their case in their diminished state, so they hire a lawyer instead.
Some of the clearest reasons to work with a motorcycle accident attorney after an accident are:
The Rigorous Road to Recovery That Riders Often Face
One study shows that riders with pelvic injuries, knee injuries, and other serious injuries suffer significant loss in quality of life. They may also require months if not longer, to heal. As an injured rider, you may need:
- Long periods of rest
- To avoid stress for the benefit of your health and recovery
- Ongoing rehabilitation
- One or more surgeries
- Many other medical and rehabilitation services
The degree to which you access medical care after the accident has a direct effect on your health and recovery and can even affect whether riders survive the collision. It's no wonder why many riders trust their case to a lawyer—they want to focus solely on recovery to promote healing and try to avoid long-term health problems.
A Lawyer's Ability to Dedicate Substantial Time and Effort to the Case
You probably don't have an abundance of time to dedicate to your accident-related insurance claims. A lawyer does.
In addition to their time, attention, and effort, a lawyer may also offer:
- Paralegals who assist with cases like yours
- Experts who the lawyer may hire to contribute to your case in numerous ways
- Trial preparation services, which may be beneficial if you file a lawsuit that goes to court
- Experience-based advice that helps you make critical decisions (like whether to accept a settlement offer from an insurance company)
An attorney also affords you the option of suing. Lawsuits are complex, and non-lawyers may struggle to successfully sue. With a lawyer, you can be confident in your ability to wage a successful legal fight after your accident.
A Law Firm's Ability and Willingness to Invest in Their Clients
Hiring a lawyer brings more than just a lawyer's service. You also get the law firms' financial resources, which can be used to:
- Hire various experts, such as crash dynamics experts, medical professionals, mental health experts, and economists
- Reconstruct the accident, which can be especially helpful when there is no video footage of the crash
- Prepare and present a court case, which can be costly
- Bolster the case in other ways that cost money
Because motorcycle accident lawyers receive a percentage of their clients' settlements and verdicts, they have every reason to invest intelligently in their cases.
The Priceless Experience an Attorney Brings to Your Case
A lawyer can tell you that the experience they gain at trial transfers to virtually every other aspect of being a lawyer. Even when a lawyer is not at trial, they are gaining valuable experience they can use in future cases.
While an injured rider might research the law, read insurance policies, and prepare in other ways, there is no substitute for a lawyer's experience.
The Complex Laws and Insurance Rules That Are Central to Motorcycle Accident Cases
Your lawyer should have a strong and nuanced understanding of:
- The details of auto and motorcycle insurance policies
- How insurance companies operate (and their underlying motivations)
- State traffic laws
- State laws relating to negligence and civil actions
- Any regulatory rules that may relate to motorcycle accident cases
- The civil justice system, including court procedures
This knowledge will come from years of legal education and real-world case experience. These are a few of the many reasons why you might hire an attorney after your motorcycle collision.
What Does a Motorcycle Accident Do for the Injured Rider?
Your motorcycle accident attorney will be responsible for every detail of your case. Whether "your case" means an insurance claim, lawsuit, or some combination of the two, expect your attorney to:
Prove Who Caused the Motorcycle Accident
Your attorney will let the evidence from your accident speak for itself. While your lawyer will build their case around this evidence, your case may benefit substantially from:
- Your testimony about how the accident happened (which may include a motor vehicle driver acting dangerously)
- Video of the accident
- Photographs of the aftermath of the collision
- Witness testimony about the accident
- Any other evidence that supports your account of the collision
Enable your lawyer to collect all relevant evidence by hiring them as soon as possible. As time passes, municipalities may erase traffic camera footage, and other types of evidence may also become unavailable. Don't wait to hire your motorcycle accident lawyer.
Determine Who Should Pay for Your Damages
Once your lawyer knows who caused your accident, they can trace the path to liable parties. Some parties who are often financially responsible for motorcycle accidents include:
- Insurance companies: While uninsured motorists are a significant problem across the United States, the majority of drivers are insured. This means that you likely deserve compensation from at least one insurance company, and your lawyer will handle the claims process for you.
- Anyone you may sue for the collision: You may sue anyone directly responsible for causing your accident. This can include a motor vehicle driver, municipality, vehicle or motorcycle manufacturer, or other at-fault parties. Others, like an employer whose employee caused the collision, may also be sued.
Determining fault and liability is central to a motorcycle accident attorney's job. Allow them to perform these critically important duties for you.
Value Your Damages
The cost of a motorcycle accident can be life-changing, and your case may have a high monetary value. Your attorney will determine the precise cost of your economic and non-economic damages, which together will be your total case value.
Demand a Fair Settlement for Your Damages
A settlement may be the preferred way to complete your case. There are several reasons why the majority of motorcycle accident cases settle, and those reasons include:
- The effectiveness of lawyers in negotiating fair settlements for their clients
- The relatively high cost of taking cases to trial
- The risks that all sides face when they go to trial (one side wins while the other loses)
Obtaining a settlement requires insurance companies and other liable parties to act in good faith. Whether or not those parties do not act in good faith, you may have the right to sue.
File a Lawsuit (If You and Your Lawyer Decide To)
You might file a lawsuit because insurance companies deny your claim and refuse to alter their decision. You might sue because the insurance company disagrees about the value of your losses.
You can have several reasons for suing. Your attorney will help you think through the pros and cons of suing, and they will move forward with your lawsuit if you elect to.
Complete the Pre-Trial Process and Represent You in Court (If You and Your Lawyer Decide a Trial Is the Right Decision)
If you file a lawsuit against one or more parties and your lawyer does not receive a fair settlement offer after the suit is filed, trial can come next. Having an experienced trial lawyer on your side will be critical, as they will:
- Create a personalized strategy for succeeding at trial
- Guide you through any pre-trial proceedings you must participate in, like a deposition
- File pre-trial motions and handle all of the pre-trial steps
- Make your case in court
Trial experience should be an important consideration as you choose your motorcycle accident lawyer. While there is a statistical likelihood that your case settles, it will be comforting knowing your lawyer has trial experience.
Motorcycle Accident Lawyers Often Represent Clients Affected by Fatal Accidents, Too
Riders face an outsize risk of losing their lives when a motor vehicle hits them, or they fall from their bike for any other reason. The lack of protection riders have means that lawyers see their fair share of loved ones grieving after fatal motorcycle accidents.
If you have lost a loved one, you deserve to mourn without dealing with a wrongful death claim or lawsuit. Many motorcycle accident lawyers represent the loved ones of deceased riders, and you should seek such a lawyer if you've lost your loved one.
Motorcycle Accidents Often Impose a High Cost on Victims. Here Are Some Damages Common to Motorcycle Accident Cases
Anyone who has been in a motorcycle accident or lost a loved one due to a fatal accident knows the potentially crushing cost of such collisions.
Damages You May Face Due to a Non-Fatal Motorcycle Accident
When a rider breaks bones, suffers internal injuries, endures a brain injury, or suffers other serious health issues, their damages often include:
- Healthcare costs, which may include the cost of emergency transport and care, imaging for the diagnosis of injuries, surgery, hospitalization, and rehabilitation services
- Pain and suffering, including any physical pain, depression, anxiety, post-traumatic stress disorder, mood and personality disorders, lost sleep, lost quality of life, and other non-economic damages the rider has to live with
- Professional losses, which often include the short- and long-term loss of income, lost benefits, diminished earning capacity, and inability to earn performance-related pay
- Motorcycle repair costs, or the cost of replacing a motorcycle with total damage
Disabling injuries further add to a rider's damages. If you need an in-home caregiver, permanently lose your ability to earn a living, need medical equipment, or face any other challenges due to a disabling condition, your attorney will factor those damages into your case value.
Damages That Often Affect Victims of Fatal Motorcycle Accidents
There is no pain like losing a loved one. Motorcycle accident attorneys know this, and they also know that wrongful deaths often cause:
- Pain and suffering, which includes but is not limited to grief
- Loss of consortium, which includes certain non-economic harm like the loss of a spouse's companionship
- Financial losses, which can include the loss of a decedent's income, funeral costs, and the loss of the decedent's household contributions
Wrongful death cases almost always include a large valuation for pain and suffering. This is how attorneys account for the irreparable loss of life that inflicts years of pain on survivors.
What Clients Do After Hiring a Motorcycle Accident Attorney
Hiring a lawyer should make your life substantially less complicated. As your attorney handles time-consuming duties like documenting your damages and dealing with insurance companies, you can:
- Follow your doctor's instructions as you strive to heal as quickly as possible
- Keep your phone on so you receive your lawyer's updates about your case
- Contact your lawyer if you have questions or need to give them case-related updates
- Refer anyone who contacts you about the case to your attorney
Law firms make it as easy as possible for motorcycle accident victims to hire them. There is no upfront or out-of-pocket cost to retain a lawyer. Your attorney will work hard to earn your trust, and they'll have to earn their fee, too—they only receive that fee if they obtain a settlement or verdict for you.
Riders Can't Afford to Wait to Hire an Attorney, Call Today
If you and your lawyer decide to file a lawsuit, there will likely be a strict deadline for filing that suit. Do not wait to identify a capable personal injury lawyer with a history of case results and the support of former clients.
Nicolette R. Nicoletti
Managing Partner
Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida. Nicolette attended Genesis Preparatory School and graduated salutatorian of her class. She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).
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