What Is the Legal Process After a Bike Accident?

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A legal officer takes details of a bike accident.After a motorcycle accident, legal and financial difficulties can add up quickly. Because motorcyclists are at a much higher risk of injury or death in a collision with a larger vehicle, they may struggle to recover from severe injuries like broken bones, internal injuries, or traumatic brain injury (TBI). Diagnostic tests, treatment, sometimes surgery, prescriptions, and physical therapy may be essential but costly, and even the best health insurance policies have coverage gaps. Even one procedure that’s out of network or not covered might leave you with a bill for thousands of dollars.

At the same time, you may not be able to work because you’re in the hospital, and depending on your job, you may still be out of work for some time after being released. A simple broken leg could require six weeks to heal, then more weeks of physical therapy before you can return to a physically active job, but there’s no pause button for your bills. You might want the responsible party to pay for your losses, but this could be complicated if they’re convinced the accident was your fault.

There are often legal remedies for the challenges that follow a motorcycle crash, but trying to handle things on your own can be challenging. The insurance adjuster is most interested in reducing their company’s costs, and they will make every effort to either avoid paying your claim entirely or pay as little as possible. Unless you’re an expert on the insurance industry or Georgia tort laws, it can be difficult to obtain a fair settlement for your damages. For this reason, we recommend contacting a motorcycle accident lawyer as soon as possible.

How Do You Begin the Motorcycle Accident Legal Process?

The best way to begin the process is to access a copy of the accident report and schedule a consultation with a motorcycle accident attorney. Your lawyer will review the report and ask questions to determine the best way forward. Usually, this begins with making a claim on the at-fault driver’s insurance policy, although we may consider alternatives in some less common cases. For example, if the motorist who hit you was uninsured or we’re unable to find enough evidence to prove fault, we may consider making a claim on your motorcycle insurance, or we might file a lawsuit against the other driver or a third party.

Determining Your Damages

Before we begin the claims process, we want to be sure we’ve accounted for all your damages. One of the most common mistakes people make when filing their own claims is asking for too little compensation. Many people don’t realize all the expenses they can seek reimbursement for or consider future costs. These may include:

  • Medical expenses. If you need ongoing treatment or have a chronic problem from your injuries, we’ll seek enough compensation to cover your future expenses. Additionally, we always ask about related costs – prescriptions, mobility aids like a wheelchair or crutches, travel expenses if you need to see a specialist out of town, home equipment for your care, workout devices for doing physical therapy exercises at home, adaptations to make your home accessible for a disability, etc.
  • Lost income or future earning potential. We’ll calculate any lost time at work plus more time you expect to lose. If your injuries result in an impairment that prevents you from returning to work, from working full-time, or from doing the same kind of work as before, you may also have a claim for lost earning potential. This is also possible if your spouse passed in a motorcycle accident and you depended on their income.
  • Property damage. Motorcycles have the benefit of being small and maneuverable, but if they’re hit by a larger vehicle, their small size makes them prone to significant body damage. In many cases we’ve seen, the bike ended up being totaled. You may also have damaged other property, such as a phone in your pocket. We’ll add these costs to your claim as well.
  • Pain and suffering. The severe injuries that often result from a motorcycle crash can be excruciating, and unfortunately, some people develop chronic pain after these kinds of accidents. Pain and suffering don’t have to be strictly physical, either – a motorcycle accident is often highly traumatic and can cause significant emotional distress, including anxiety, depression, and PTSD. In fact, one study found that about 28 percent of people who experience serious motor vehicle crashes (including bike accidents) later develop symptoms of PTSD. Sometimes the symptoms are pronounced enough to interfere with your ability to work, socialize, or maintain close relationships.
  • Disfigurement and scarring. These damages may be available if your accident resulted in significant scarring or other disfigurement.
  • Loss of enjoyment of life. This damage may be available if your injuries prevent you from continuing to do activities you previously enjoyed.
  • Loss of consortium or companionship. If a loved one has died in a bike crash, or their injuries negatively impacted your relationship, you may have a claim for loss of consortium, companionship, or other benefits of a relationship.
  • Wrongful death. Other damages associated with the death of a loved one include medical bills, funeral or burial costs, the mental anguish of the survivors, and a survival action for the decedent’s pain and suffering prior to their death.

Filing a Claim and Negotiating a Settlement

Your lawyer will file the claim with the insurance company for you, taking care to address any issues that might hold up or complicate your claim. Having a lawyer lets the insurance adjuster know you mean business, and your attorney will submit your claim in the best possible condition, reducing the odds that it will be rejected. However, it’s normal for the insurance company to attempt to negotiate. Your lawyer will handle negotiations while keeping you updated and explaining any offers the insurance company extends. It will ultimately be your decision whether or not to accept an offer, but your attorney will answer your questions and advise if the offer is significantly lower than the amount needed. In many cases, they will make several counteroffers before reaching a settlement that you and the insurance company agree on.

Negotiations can take several months, but in most cases, we’re eventually able to work out a deal that the client approves. However, in a few cases, the insurance company strongly disagrees with the amount asked and won’t come close to reaching a reasonable compromise. We are fully prepared to argue your case in court in these situations.

Do You Have to Pay a Motorcycle Accident Lawyer a Retainer?

No. Retainers are common in other types of law practices, but as personal injury lawyers, we work on a contingency basis. That means we don’t charge fees until we win or settle your case. We know that simply dealing with the expenses of a motorcycle accident can take a toll on your financial resources, and we never want to add to your difficulties. Your initial consultation is free, so there is no risk in finding out your options.

Contact a Motorcycle Accident Law Firm for More Information

Founded by attorney Ali Awad, the CEO Lawyer Personal Injury Law Firm is always available for a free consultation about your motorcycle accident. Our firm has been named one of the fastest-growing law firms in the country, and Mr. Awad can be found on social media, offering no-nonsense legal advice to more than a million followers. Please contact us today to learn all the options for seeking compensation in your motorcycle accident case.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.