Due to the increased susceptibility of motorcycles and the negligence of other drivers, motorcycle accidents often result in devastating injuries.
In the majority of motorcycle accident cases a negligent vehicle operator can be held liable for the damages suffered including medical bills, property damage, lost income capacity, and pain and suffering. In some cases, highway officials may be found negligent if roads aren’t properly cared for or maintained. Be sure to note that claims against the government are subject to specific guidelines.
Furthermore, if the motorcycle accident was caused by a defective cycle or auto part, the manufacturer or repairer may be liable. It is important to bear in mind that all personal injury claims are subject to statute of limitations laws, which limits the time a victim of a motorcycle accident has to file a suit.
- • It is possible to obtain a fair settlement without the help of a personal injury attorney, but you run a serious risk of being taken advantage of by the insurance company. Unless you are a law student or personal injury professional, you are likely unfamiliar with all the laws pertaining to personal injury claims. In other words, you probably do not know what you are legally entitled to, and could therefore be taken advantage of an insurance adjuster. Because insurance companies profit by under compensating injured persons, many companies will automatically offer a lower settlement to persons not working with a personal injury attorney. For this reason, many people opt to hire personal injury lawyers even before they have been offered a settlement.
- • There are many potential damage awards available to people who are injured in a motorcycle accident. In addition to medical bills, you may be able to recover for lost wages, pain and suffering and emotional distress. Your family members may even be able to recover for the loss of your companionship if you have become incapacitated. If you don’t hire an attorney, you may not be aware of all of your potential legal rights to recovery.
- • Even with witnesses and a police report saying the other party is at fault, proving that they were negligent can be difficult. Since there are many elements that go into winning a personal injury lawsuit, you will need to hire an attorney who understands the law and who can provide references to cases, citations and other sources of law that support your position. You may be permitted to “discover’ certain information from the other side, and you may be limited in the types of witnesses and evidence you present. There are even restrictions on the kind of questions and phrasing of questions you ask in court. Furthermore, extensive legal research often needs to be done to convince the court or jury to side with you. As such, it is very difficult to prove personal injury liability on your own.