This Blog was brought to you by the J.A. Davis & Associates, LLP principal office in San Antonio
Our Motorcycle Accident Lawyer Will Help
If the responsible party for the motorcycle accident is insured, prior to any settlement offer being made, the insurance adjuster for their carrier will request and gather all of the required documentation involving:
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- Inflicted Injuries
- The Accident
- An Itemized List of Incurred Expenses
The records will most typically include things like:
- Medical Records
- Past, As Well As Future Medical Expenses
- Witness Statements
- Lost Wage Evidence
- Traffic Collision Reports
- Any Other Documentation That Involves Injuries That Are Permanent As A Cause of the Motorcycle Accident
After all of the required documentation is received, their insurance company will then make a determination of liability and the claims adjuster will also review all of the medical records. An initial valuation is then made through entering the information into the insurance company’s proprietary system (computer program). The majority of insurance companies have the requirement that their claims adjusters submit their requests to a supervisor with full authority. In the alternative, they may send all claims to what’s called a round table review with other claims adjusters. Once the offer is made and accepted the case will be finalized. At that point you will just need to sign a release and you’ll then receive your check from the insurance company.
Why You Should Still Hire a Lawyer
Dealing with insurance companies is often difficult and will require the help of an experienced lawyer and law firm in order to get you the settlement that you deserve. It’s extremely common for offers that are made to be very unacceptable. Your lawyer will negotiate for you and if the offer made is unacceptable your lawyer may initiate a lawsuit on your behalf against the responsible party. If you’ve already filed a lawsuit, your lawyer will pursue it on your behalf. Please be aware that if your motorcycle accident involves a lawsuit it can take a significant amount of time. It varies by county but the normal amount of time from filing to settlement is 12-18 months.
After The Lawsuit Is Filed
After the lawsuit has been filed both parties will investigate the claims alleged in the lawsuit and make preparations for the trial. This is a process that’s known as discovery. The discovery process includes:
- Exchanging Written Information
- Party Initiated Medical Examinations
- Taking Depositions from All Involved Parties
- Obtaining Records via Subpoena
Once this point of the process is reached both parties may agree to enter into mediation, arbitration or additional negotiations to see if a settlement can be reached. Should the case not reach an amicable resolution during this process, the expert witness part of the discovery process will commence. This part of the process includes examination and identification by deposition of all the scientific experts and medical staff that both parties intend to call at the trial. The date for the trial will be set by the court and it can be continued as needed depending on the needs of the parties or the court schedule.
The Trial
Once you reach the trial you have the opportunity to tell your story in front of a jury of your peers. Depending on how complex your case is, this can take anywhere from just a few days to weeks or even months. Everyone is going to hold their own opinion on how much a case is valued at, however, only at trial are you able to get a judgment via community. After the trial has concluded and the judgment reached either side may make a motion for a new trial. The reasoning behind is usually either the plaintiff (you) or the defense (other party) may determine there was an error and request a new trial. Additionally, appeals can also be made to a higher court. In the majority of all motorcycle accident trials, the trial will provide an amicable and final judgment.
Having an experienced motorcycle claims lawyer on your side to navigate you through the entire process and take your case to trial if needed is invaluable. Contact us for a free consultation with an experienced lawyer today.