As a motorcyclist, you’re at greater risk of suffering serious or fatal injuries in a crash than when you travel in a passenger vehicle. When you’re hurt in a motorcycle accident that isn’t your fault, you have the right to file a personal injury lawsuit against an at-fault party and their insurer.
If you’re unsure of how to sue for motorcycle injury, it is best to hire an experienced attorney. An attorney can build your case, negotiate with insurance companies and even go to trial, if necessary, on your behalf. While you’re recovering from your injuries, an attorney can also keep track of ongoing medical bills and other economic losses and ensure that your claim is up to date.
To file a lawsuit for a motorcycle accident, you must prove that the defendant is liable for your injuries. To do this, you must show that the defendant owed you a duty of care to prevent unreasonable harm; the defendant breached this duty; and the breach directly caused your injuries.
The most common types of injuries in motorcycle accidents are fractured or broken bones and traumatic brain injuries (TBIs). You can also file a suit for psychological damages, such as post-traumatic stress disorder (PTSD) and depression. These damages aren’t easy to calculate, however, so it’s important to be honest with your lawyer about every detail of your accident.
In addition to pursuing monetary damages for your medical expenses, lost income and other economic losses, you can also seek compensation for your pain and suffering. This type of damage is a more subjective measure that takes into account your physical and mental distress following the accident, including loss of enjoyment in life. To obtain a fair settlement, you will need to provide your lawyer with evidence that supports these claims, such as medical records and statements from witnesses to the accident.
Your motorcycle accident attorney will investigate your claim, collect evidence and build a strong case on your behalf. In most cases, a settlement is reached between the injured party and the at-fault party’s insurance company.
It’s important to hire a seasoned lawyer to handle your case because insurance companies can take advantage of you. They may try to get you to apologize for the accident or to admit fault, which will hurt your chances of a fair settlement. Always speak to a personal injury attorney before you discuss your accident with anyone, especially at the scene of the crash.
