Only motorcycle riders can understand the fun of riding a motorcycle. But this fun has some bitter truths. Everyone knows that motorcycles are the most dangerous modes of transportation.
Even after taking all precautions and use of protective gear, motorcyclists get involved in vulnerable accidents. Without the benefit of a protective car frame and seat belt, the motorcyclist takes a direct strike during the crash.
After the accidents, motorcyclists may suffer from:
- Traumatic and concussion brain injury
- Broken bones and fracture
- Road rash
- Blunt force trauma
- Internal injuries
The injuries of motorcycle victims get painful, stressful, and expensive. The injuries can even cause permanent disability or death. However, if you got injured in an accident or lost someone in an accident, you may get compensation for the damages. The motorcycle accident attorney can help you to recover for the damages incurred in an accident.
You may have the entitlement for the compensation of the following damages:
- Past and future related medical expenses
- Lost wages
- Lost future earnings
- Pain and suffering
- Loss of quality of life
Need of a Motorcycle attorney:
Choosing a motorcycle accident attorney involves a critical decision as it can have lasting financial consequences. In some accident cases, the victim tries to handle the insurance carrier on your own. But having a motorcycle attorney will increase the chances of receiving the maximum benefit.
Let’s see how can a motorcycle attorney help in the motorcycle accident compensation claim when the insurance companies deny the claim:
- Insurance companies focus on profits. They don’t agree with every claim that comes their way. They will try to deny your claim or reduce as much amount as they can. So, sometimes you have left with only legal options.
If you have a motorcycle or an auto accident attorney, the insurance companies will get the signal that you are serious about the claim.
If you don’t have an attorney, the insurers will assume that they will never take the case to trial and accept whatever they offer. Read more about the auto accident attorney.
- Depending on the extent of injuries in a motorcycle accident, the treatment may involve a few thousand dollars to several hundred dollars. The insurance company tries to deny paying the medical bills, even if your health insurance kicks in to cover the treatment.
The insurance companies often claim that your injuries do not relate to the accident or occurred another time. However, the motorcycle accident attorney with a team of experts can gather evidence to prove your injuries.
- By hook or crook’, the insurance companies try to take the blame for the accident. They ‘play nice’ to get you in their trap. The insurers get trained to say something we can later use to limit or deny the claim.
The motorcycle accident attorney prevents you from having a direct talk with insurance company representatives. Instead, the bike accident lawyers know the tricks used by the insurers and how to handle them.
- The insurance companies make a low-ball settlement offer. After that, they pressure you to accept the offer. The insurance companies play the game immediately after the accident to avoid paying a more significant amount later. They know once you get the offer, you will waive your right to file a lawsuit.
When a motorcycle lawyer gets involved, the insurance companies avoid these tactics.
- The insurance company tries to delay the motorcycle claim. Unfortunately, this denial means piling medical bills. The insurance companies know that mounting bills will make you desperate for money, and you will settle for a lower amount.
The insurers also want to drag your claim not to take any legal action because the statute of limitation gets expired.
Tips for Negotiating Pain and Suffering Compensation with the help of a Motorcycle attorney:
There’s no way to measure the ‘pain and suffering’ in an accident. To account for pain and suffering, the total expenses get doubled. In case of severe injuries, claims may get five to six times the total hard costs. For minor injuries, the pain and suffering compensation involves a lower amount.
As the damages involved in a motorcycle accident often get serious, there’re chances of getting a higher compensation amount. A motorcycle accident attorney can help you to calculate the pain and suffering compensation.
Here are some tips you can use to negotiate with pain and suffering compensation:
- Know what counts as pain and suffering:
Firstly, you should know what qualifies as pain and suffering. The motorcycle attorney at your corner will help you to understand it. By this, the adjuster will know they’re dealing with someone they can’t bluff.
Pain and suffering refer to physical pain and emotional distress you had to endure because of the accident.
- Support your Claim with Outside Factors:
Outside factors include the circumstances of the accident that could make the jury more sympathetic in a lawsuit.
The outside factors may include:
- The driver at fault was intoxicated
- The accident caused severe fatalities
- The police report cleared the fault of the other driver
- The at-fault driver was ticketed for violating the traffic laws
The motorcycle accident lawyer will explain to the adjuster how certain outside factors caused fear and distress.
- Describe distress during the recovery: Use vivid language to explain the experience during your recovery. Some of the examples of pain and suffering might include:
- Inability to sleep because of the pain
- Side-effects of medicines- nausea, vomiting
- Failure to care for children or family
- Nightmares of the accident
- Fear of driving since the accident
- Undergoing physical therapy sessions
- Link evidence for Pain and Suffering: Simply explaining your pain and suffering won’t get enough. You will need to justify your pain and suffering claim.
Evidence for your pain and suffering may include:
- Doctor’s note in your prescription describing pain during the examination.
- The doctor ordered you not to lift more than ten pounds. So, you were unable to care for your child.
- Witness statements about pain and distress at the time of the accident.
- The medical records or injury diary detailing sleep disturbances, pain levels, and aid provided by family and friends.
- Restrictions on driving while you were taking medications for the injuries
The more evidence you present during pain and suffering negotiations, you will have a better compensation payout.
Motorcycle accident attorney when it’s time to take the case to court:
Many personal injury claims get resolved without going to court. However, when damage and insurance companies refuse to make a fair settlement, litigation becomes necessary.
The motorcycle attorney knows the steps involved in litigation. He/she knows how to file the lawsuit in court. The attorney will also help to go through the pre-trial processes.
The motorcycle attorney knows what evidence to present, examines the witnesses, and convinces the judge or the jury in the court. The accident lawyers know how to handle post-trial issues.
Typically when the insurance companies know that you have an attorney and take the case to court, they are likely to agree to a reasonable settlement.
Summary:
Undoubtedly motorcycle accidents can lead to severe damages. But if the accident involves someone else’s negligence, you have the right to get compensated. Having a motorcycle attorney by your side will help you to get fair compensation. The attorney can efficiently deal with the insurance companies and get compensation for pain and suffering as well.