personal injury law

Motorcycle Accident Settlements

Sometimes people will find themselves looking at a settlement for a motorcycle accident which can help provide at least a partial measure of security, at least when it comes to financial concerns. Motorcycle lovers love to ride and feel the wind in their face along with the sense of freedom that comes from a motorcycle ride. People will take advantage of the warmer temperatures and hop on their motorcycle for:

  • Adventure
  • Fun
  • Easier Transportation Mode

Although there is a lot of amusement that comes with the sport of motorcycle riding, the unfortunate reality is that it’s one of the most dangerous pastimes that someone can undertake.

Accidents Can and Do Happen

There is risk in all of life’s areas and nobody is able to ensure against an unforeseen accident that could happen in the future. Motorcycle accidents will more often than not involve a larger passenger vehicle. The primary reason that motorcycle accidents are so dangerous is the fact that they have to share the road with trucks and larger passenger vehicles. The reality is that drivers aren’t always aware of their surroundings and there’s a much greater risk to hitting a vehicle that’s harder to see and smaller than they are, then it would be to see another truck or car that’s on the road. In instances where the accident is the fault of the other driver, the need for the hiring of an experienced motorcycle accident lawyer and the filing of a motorcycle accident claim will become apparent.

Some motorcycle accidents will occur due to riders that are underage or just careless; however, the majority of all of them is due to drivers of other passenger vehicles and will require a motorcycle accident lawsuit/settlement in order to resolve them. If there is a person killed in a motorcycle accident and the blame has fallen on the other party through an act of negligence or carelessness, the victim’s family is able to file a lawsuit on the deceased family member’s behalf in order to recoup money to cover hospital costs and/or other expenses related to the motorcycle accident. The responsible party will be liable for any and all of the damages and will need to answer to the dependents, families or beneficiaries of the deceased party.

Instances like the above will often require assistance from an experienced motorcycle lawsuit lawyer and the Doan Law Firm has experienced motorcycle lawyers standing by to give you legal guidance. In the case a family member has died a wrongful death lawsuit may be necessary and will cover accidents where negligence or carelessness were at play.

You Have Rights

People that have suffered injuries or their family that has lost a family member as the result of a motorcycle accident should be aware of the order of proceedings and all of the rules that will follow. Those people who are familiar with all of their rights and how the system is intended to work will be able to ensure they receive the compensation that they deserve. For those that aren’t, and even those that are, will find the assistance of an experienced motorcycle accident lawyer invaluable as experienced personal injury lawyers in motorcycle accidents will know if your settlement is fair and be able to take it to court if it’s not to ensure you get what you deserve.

Every case and the rules surrounding them will vary. Those who wish to pursue a lawsuit need to be aware of all the laws and rules that surround their case. Those who are just looking for compensation or retribution need to be aware of the statute of limitations (the amount of time that a victim or victim’s family has to file a lawsuit and get justice from the person at fault for the accident) that will apply to their case. Depending on the severity of the incident it can vary to a year to several years. After the statute of limitations has passed the fault of the other party will no longer be contested in court.

Bringing Your Case to Court
The process of filing a lawsuit and pursuing settlement for your motorcycle accident personal injury claim can be very confusing. Victims that are serious about gaining compensation for hospital costs, other costs or injuries need to seek the help of an experienced motorcycle accident lawyer immediately. Motorcycle accident personal injury lawyers understand the turmoil and stress from an accident like this and can provide all of the help that’s necessary in order to bring a timely end to the process.

When the case has to be presented within a court of law, the motorcycle accident personal injury lawyer will be able to provide advice and counsel and lead their client through all of the necessary steps to bring the action into court through a lawsuit and achieve a settlement that’s satisfactory. At the Doan Law Firm we have the reputation and reputable history to bring your action into court and get you the desired result you deserve. We’ll ensure that you know the rights that you’re entitled to and will work closely with you in order to ensure that the facts surrounding your case are kept accurate and presented properly.

Final Thoughts
Man is much weaker than steal, therefore accidents involving a motorcycle and a passenger vehicle at a high rate of speed will often lead to serious injuries and sometimes death. Motorcycle accident lawsuits and subsequent settlements will help recuperate the necessary financial aid that will be necessary for the victim or the victim’s family to cope with the financial repercussions resulting from the unforeseen motorcycle accident. Nobody is guaranteed tomorrow, and as a result, everyone needs to exercise caution in all areas of their life. When a motorcycle accident occurs an experienced motorcycle accident lawyer can ensure that this unforeseen circumstance isn’t an unneeded and unnecessary financial burden.

Motorcycle Settlements and Lawsuits

If have been involved in a motorcycle accident, as a victim you’ll want to go after the guilty party to get the damages you deserve. When dealing with insurance companies it’s essential that you have an experienced motorcycle accident lawyer. Your lawyer will represent you and be able to guide you through the entire legal process. Regardless of the circumstances, there are specific mandates as to the laws and rules that have to be followed.

Although it’s not necessary to have a lawyer to represent you in your motorcycle accident claim, you should retain an experienced motorcycle accident lawyer in order to increase your chances of being successful with your negotiations and lawsuit if it’s necessary to go to court. An experienced lawyer will greatly improve your chances of obtaining maximum financial compensation. After retaining your lawyer, your lawyer will review all of the details of your case and make the determination on whether or not it’s best to try to reach a settlement or take the case to court.

Regardless of whether or not your case is settled out of court or your lawyer deems it best for your case to proceed to trial the facts of the case will dictate the next steps in the process. Should your lawyer be able to help you obtain a settlement, your next step will be to collect the damages. Your lawyer will guide you through every step in the process. Should your lawyer determine your case needs to go to trial, you’ll need to prepare yourself for a much longer process. Trials will include many steps, including

  • Testimonies
  • Witnesses

Your lawyer will guide you throughout the lawsuit process as well and ensure that you’ve received all of the necessary legal representation in order to successfully win your lawsuit and get you the settlement you deserve. After the trial has been concluded, and a jury of your peers has reached their verdict, the next step in the process will be to collect the damages that have been awarded in your case. If the verdict is appealed, your lawyer is going to help you through that process as well and achieve the best possible outcome for your injuries, future medical care and so on. Characteristically, after the judgment has been read, the judge will inform your lawyer about the next steps to collect your awarded damages.

There is a big difference between a general lawyer and a motorcycle accident lawyer. At the Doan Law Firm our experienced motorcycle accident lawyers will be able to effectively represent you.

Who’s responsible for paying compensation when the owner and/or driver are at fault for the motorcycle accident?

The owner and/or driver of the truck or car that is the proximate cause of the motorcycle accident will be responsible for paying compensation to both the motorcyclist and the passenger (if applicable ) of the motorcycle. Should the motorcycle drive be at fault for the accident, he/she will not be able to sue for any compensation. If the motorcyclist was at fault and you were a passenger at the time the accident occurred and have suffered injuries, you have rights and will be able to file a lawsuit against the operator of the motorcycle in order to cover damages for lost wages, injuries, future medical expenses, etc…

What are compensatory damages and what does it mean to receive them?
Compensatory damages mean that the injured party will receive monetary compensation for the damage or loss, including medical expenses, your motorcycle and so forth.

What are punitive damages and what does it mean to receive them?
Punitive damages are a monetary award that will be used in certain cases in order to make an example of or penalize the responsible party (the defendant) in your lawsuit. Punitive damages will only be awarded and recovered in specific types of cases. Punitive damages are usually awarded when the defendant has acted with either:

  • Disrespect for Others
  • In A Manner That Is Reckless

Punitive damage awards are quite unusual and most of the times appellate courts (on appeal) will lower the amount of the punitive award given. At times the appellate courts will dismiss them completely as well. Nonetheless, the risk of this type of award being upheld will often lead the defense to offer a settlement that will be much larger than usual.

What’s comparative negligence?
Under the comparative negligence doctrine, any party that’s partially at fault for their own injuries are still able to recover damages from the other party where there was contributory negligence. Essentially, there is a comparison done of every person/party that was responsible for the motorcycle accident. An injured person’s awarded compensation will then be reduced by their percentage or share of the total fault.

What is the worth of a motorcycle accident lawsuit?
Every motorcycle accident is different, thus the value of every motorcycle accident will vary accordingly. There are multiple factors that will be taken under consideration when compensation is determined, including:

  • Sustained Injuries
  • Property Damage
  • Medical Expenses
  • Future Medical Expenses
  • Loss of Work

Is there such a thing as automatic compensation?
Compensation like the ones that were listed above will not be awarded automatically in all cases. You’ll need to provide proof of all the expenses you’ve incurred, will incur in the future and the amount those expenses will be or were. Navigating this path is difficult and this is where having an experienced motorcycle accident attorney will be invaluable.

How long do motorcycle lawsuits take?
There are numerous factors that will go toward the determination of the length of time your case will take. With complex cases will take a significantly longer amount of time than a simple case which involves a single party that caused the accident and a single injured party. Complex cases that take longer will include cases that have many different parties that all have dissimilar claims.

When should I seek an experienced motorcycle lawsuit law firm/lawyer?
Seeking immediate legal advice from an experienced motorcycle accident lawyer is essential after you’ve been involved in a motorcycle accident. At the Doan Law Firm our experienced motorcycle accident lawyers will be able to guide you through the entire process and get you the largest possible settlement.