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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.