Motorcycle accidents are frightening experiences that can cause serious physical and emotional injuries. On top of this, they often lead to expensive property damage and may impact your ability to work. If you have been involved in a motorcycle accident, you may have the right to compensation from the liable party.
However, filing a lawsuit can be a complex process that involves several steps and challenges. That is why you need the help of a professional motorcycle accident lawyer.
At Gerling Law, we can help you with your case and fight for the best possible outcome. Keep reading to learn about filing a motorcycle accident lawsuit and what to expect during the process.
How to File a Motorcycle Accident Lawsuit
While you may be entitled to compensation, there are some important steps you need to take to protect your rights and strengthen your case.
Seek Medical Care
The first and most important step after a motorcycle accident is to get medical treatment as soon as possible. Even if you think you are not seriously hurt, you should still see a doctor. Some injuries don’t have visible symptoms and can get worse over time.
In addition to helping you recover, getting medical care provides you with documentation and evidence of your damages. These records will help your lawyer demonstrate the extent of your injuries and how the other driver’s actions caused them.
Gather Evidence
You should keep as much evidence as possible from the scene of the accident.
First, get the names and contact information of everyone at the scene. This includes the other driver, their insurance company, and witnesses who saw the accident.
Second, document the accident with photos and videos. Try to capture the damage to your motorcycle, road conditions, traffic signs, and any other relevant factors.
Lastly, get a copy of the crash report. This will contain important details about the accident. More importantly, it includes the officer’s observations, which often help to establish liability.
Speak with an Attorney
After this, speak with an attorney who focuses on motorcycle accident cases. An attorney can assess the strength of your case, handle legal procedures, and negotiate with insurance companies. They can also provide valuable guidance on how to pursue the best result. Best of all, they manage the entire motorcycle accident lawsuit process so you can focus on recovery.
Possible Legal Solutions After a Motorcycle Accident
Depending on the circumstances of your case, you may have different options to pursue compensation for your damages. Here are some legal options that your attorney will consider.
Demand Letter
A demand letter is often the first step in resolving a motorcycle accident claim outside of court. This letter outlines your case, including details of the accident, your injuries, and the compensation you are seeking. Your attorney will send it to the at-fault party’s insurance company, demanding payment for damages. We start with this step because a well-crafted demand letter can lead to a favorable settlement without lengthy litigation.
Settlement
Parties often like to resolve their claims with settlements because it doesn’t involve going to court. Through negotiation, your attorney and the insurance company will attempt to reach a fair settlement amount that compensates you for all damages. Settlement offers may be made at various stages of the legal process, meaning it can take months or even years to end the dispute. If you reach an agreement, you will waive your right to pursue further legal action in exchange for the agreed-upon compensation.
Lawsuit
Settlements don’t always lead to an acceptable outcome. If so, filing a motorcycle accident lawsuit may be necessary to get fair compensation. Lawsuits can take a long time, especially if there is a large amount of evidence or dispute.
If the case proceeds to trial, a judge or jury will hear arguments from both sides and determine the outcome. This may sound stressful, but trust your attorney to create a strong case and give you the best representation possible.
Available Compensation for Your Losses
It’s natural to wonder about how much compensation you can recover. The answer depends on a host of factors, so only your attorney can give you specific amounts.
In general, you may be able to recover the following types of damages:
- Medical bills. These are the costs of your medical treatments, such as surgery, medication, and rehabilitation. You can claim both your past and future medical expenses, as long as they are related to the accident and reasonably necessary.
- Lost wages. You may be unable to work due to your injuries. If so, you can demand compensation for lost paychecks, bonuses, tips, commissions, and other benefits.
- Property damage. You may need to repair or replace your motorcycle and any other property that was damaged in the accident. Your lawyer can help you seek relief to cover these costs.
- Pain and suffering. You may endure physical and emotional distress after the accident. Your demand can address the nature and severity of your injuries and how they affect your daily life and activities.
- Loss of enjoyment of life. Your injuries might prevent you from enjoying hobbies, sports, and social activities. You can claim loss of enjoyment of life for this lower quality of life.
- Disability or disfigurement. An accident can lead to paralysis, amputation, scarring, or brain damage. Disability or disfigurement damages cover the impact and visibility of these conditions.
- Punitive damages. These are the rare damages that punish the at-fault party for their gross negligence or intentional misconduct. Under Indiana law, these can be no higher than three times the compensatory damages or $50,000.
Only a skilled attorney can help you calculate your total compensation. Call Gerling Law to discuss your case and file a motorcycle accident lawsuit.
Need Help Filing a Motorcycle Accident Lawsuit in Indiana? Contact Us Today
If you’ve been injured in a motorcycle accident, don’t navigate the legal process alone. The lawyers at Gerling Law are here to help you seek the compensation you deserve. With over five decades of experience and a track record of success, we understand the challenges you may be facing. On top of this, we never charge a fee unless we get compensation for you. Contact us today for a free consultation to discuss your case.
Gayle Gerling Pettinga
Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.
Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.
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