Have you been involved in a motorcycle accident? If you are making a claim for damages after a motorcycle accident, there are certain things you’ll need to prove. The biggest mistake you could make is expecting the insurance company to agree, without giving you stress to your claims. More often than not, victims of motorcycle accidents don’t get what is due for them from the insurance companies because they are not armed with the right information. In order to make a successful claim, there are few things you should observe.
There is really no stipulated amount of time to begin making an injury claim after crashing your motorcycle, but it is advisable that you begin immediately after, you can put your faculties together and shove away the associated panic. The faster you begin making a claim, the better. You need to understand many of these injuries happen. In Chicago alone, there are a lot of motorcycle crash injuries that happened in the last month, so it is a must to know what steps to take after an accident and to take the steps very fast. A fresh case has a way of presenting evidence than one in which the victim has started healing up from the associated injuries.
However, apart from making an injury claim after your motorcycle accident, there are other things you need to know to help your claim get attention.
Negotiation and settlement of a motorcycle accident claim
The more complex your accident case is, the greater the likelihood you’ll face push-back from the insurer. A motorcycle accident lawyer can help by strengthening your claim and negotiating with the insurance company for a fair settlement.
Settlement typically takes anywhere from 30 days to six weeks after the accident, although it varies depending on the case. If you were working with a personal injury lawyer, they typically receive the cheque, subtract their fees and any other relevant payments from the legal process, then send the final amount to you.
Going to trial in a motorcycle accident case
If you aren’t able to reach a fair agreement with the insurance company, you and your lawyer may decide to take the case to court—meaning a personal injury lawsuit can begin.
Before the trial stages, there are a few phases you’ll go through:
Discovery phase
This is where each party exchanges information like pertinent documents, witness statements, testimonies, and more.
Alternative Dispute Resolution
Most cases that cannot be resolved amicably between the parties involved alternative dispute resolution (ADR), which refers to mediation or arbitration using the expertise of arbitrators. This phase involves a neutral third party that provides an understanding of how a judge or jury might see the case. The purpose of ADR is to encourage a resolution before moving on to trial.
Motorcycle accident claims in most cases can take between a few hours and a few days after it begins. The possibility of claimants getting their settlements also becomes higher and claims get resolved faster when there is help from an experienced attorney.
What you should do after a motorcycle accident
Don’t Panic
Immediately after an accident and you are alive, it is not a time to panic even though the tendency is there to panic. You, however, need to find a way to calm down. Focus on getting the facts of what actually happened. If you have a lawyer, this is the time to reach out to your lawyer. He will be able to examine the situation and determine what compensation you deserve. It’s crucial to keep a level head. The more information you’re able to take away from the scene of the accident, the better. The sooner you act, the better for you.
Call the police
Even if it is a minor accident, you’ll want the accident documented in a clear crash report from local law enforcement. All of the evidence in that report can be utilized to make a foolproof case and prove beyond reasonable doubts how the crash happened.
Identify eyewitnesses. Establishing fault for the accident is a huge factor in determining responsibility for potential compensation. Anyone who witnessed the accident may provide clarity on the details and help the authorities get a firm grip on what happened to cause the accident.
Take photographs of the vehicles at the scene
Photographs of what happened at the accident scene are important. Do not assume they are not. Take pictures of everything, including pictures of the motorcycle, other cars involved if there is any, any debris that is found in the roadway, or other factors you consider instrumental in presenting a solid case perfectly in a court of law. You know you can’t be too thorough in this.
Get medical treatment
Take care of yourself. Even if your injuries seem minor, your adrenaline will be extremely high and mask a lot of the pain. After you’ve been treated the medical bills will start piling up and someone needs to pay them. If the accident wasn’t your fault, it shouldn’t be you. Get in touch with a top personal injury attorney and you’ll be best positioned to attain a settlement to compensate for your expenses, pain, and suffering.
In the case of serious injury, your number one goal must be getting immediate medical attention and you may not have the ability to take pictures or talk to any witnesses yet. That’s okay and seriously, life is of more value before anything else.
The major physical injuries get the headlines, but the damage done to the brain is often catastrophic without anyone seeing it. There are all sorts of possible injuries that can be associated with a motorcycle accidents, such as back & neck injuries, abdominal injuries, Spine injuries & paralysis, Whiplash, Broken bones, Soreness, Depression, Dizziness, PTSD, Fever, Anxiety, Amnesia, Brain injury, Internal bleeding, insomnia etc.
If your injury ends up to be life-changing, like an extended ICU visit or something like amputation, there’s little question about whether or not you would like to hunt legal aid.
Trying to win your settlement without a lawyer is too much risk and not enough reward. Don’t do this on your own. You’ll invest a ton of time and energy and risk a good percentage of your potential settlement. Get a personal injury lawyer with deep experience dealing with civil lawsuits, insurance companies and everything in between. You deserve every penny you can get.
