The Stages of a Motorcycle Injury Settlement
Accident Lawyer Serving Nationwide
If you’ve been involved in a
motorcycle accident and have suffered an injury as a result, it’s likely you have grounds
to file a lawsuit. In order to file a lawsuit, you’ll need to have
the evidence that the accident was the fault of the other driver and/or
drivers. Essentially, that the other vehicle(s) violated their standard
duty of care. Put simply, it means that the reckless behavior of the other
driver was the proximate cause of the accident. Furthermore, you’ll
need to have evidence of all the injuries you’ve sustained as a
result of the motorcycle accident.
Filing a claim for an injury stemming from a motorcycle accident isn’t
a short process. You must be aware that you may need to wait a long time
before complete resolution of your claim.
Gathering Evidence of Your Motorcycle Accident Injury
Prior to contacting a
motorcycle accident lawyer that’ll represent you throughout the entire lawsuit, you’ll
need to gather evidence to present to your prospective lawyer. The following
list of items is what you should have prepared prior to consulting with
your prospective lawyer:
- Names and Contact Information for All Witnesses of the Accident
- Any Traffic Tickets That Were Issued To the Other Driver
- Copies of All Your Medical Records and Bills
- All Evidence That Supports You’re Lost Wages and Missed Work Days
- Copies of the Police Report That Gives the Details of the Accident
- Photos of the Accident Scene, Your Injuries and the Vehicles
Hiring a Motorcycle Accident Injury Lawyer
After you’ve gathered all of your evidence, you’ll want to
contact a personal injury lawyer that will represent you in your lawsuit.
Keep in mind that you don’t want just a general auto accident lawyer,
but one that’s experienced specifically with motorcycle accident
lawsuits. At the Doan Law Firm we’re not only specialists in motorcycle
law/lawsuits, we’re also motorcycle riders and enthusiasts.
The most important part about your relationship with yourself and your
lawyer is that you feel comfortable in working with them and that they
have the proper level of experience. Essentially, a law firm that specializes
in motorcycle accident personal injury cases, not just personal injury
as they’ll be able to ensure that you are adequately represented
and get you the compensation that you deserve.
After you’ve found the lawyer to represent you, they’ll begin
the process of filing your motorcycle accident lawsuit.
Sending the Demand Letter
After your lawyer has all of the documents and information for your case
your lawyer will review all of the documents in what’s called the
investigation phase. Your lawyer will ask you many questions regarding
what occurred, including:
- Your General Driving Record
- The Accident
- Your Injuries
After enough information has been collected, your lawyer will then begin
the negotiation process with the other driver’s insurance company.
In order to initiate this process your lawyer will put together and send
a demand letter. Demand letters inform the insurance company of:
- Present and Expected Future Medical Expenses
- Your Intention to Sue
- The Severity of Your Injuries
- The Monetary Amount That You’d Be Willing to Settle At
The insurance company is then given a chance to provide their response.
If their response is a favorable one your lawyer and you will be able
to settle the claim. If the response isn’t favorable, your lawyer
will then file a claim at the courthouse in order to begin the initiation
of the lawsuit.
Proceeding to Trial
The last stage of a motorcycle injury lawsuit is the trial stage. Often
cases will be settled prior to them ever having to reach trial, however,
if you do end up at trial, the process itself can be very long an drawn out.
At the start of a trial there is jury selection. Jury selection is where
the lawyers select a panel of your peers and they’ll determine the
outcome of the lawsuit. There are also instances where your case won’t
be heard in front of a jury, but rather a bench trial where the judge
that hears the case will decide the outcome. After the jury has been seated
(or the bench trial determination has been made) both your attorney and
the defense attorney will give their opening statement which serves to
establish the facts and arguments they’ll present during the trial.
Witnesses are able to be called to testify in court by either your lawyer
(plaintiff’s lawyer) or the defense. Once called they’ll take
the stand and both sides will have the opportunity to ask questions, witnesses
in the trial can also include you, so prepare yourself to testify at your
At the conclusion of the testimony, both the plaintiff and defense lawyers
will give their closing (final) arguments. Closing arguments are essentially
the closing statement in which they’ll summarize the points made
throughout the trial. After closing arguments the judge will give the
directives and send the jury to deliberate and then the jury will return
with the verdict.
Ever needed to get ahold of a lawyer and it’s a holiday or in the
middle of the night? At The Doan Law Firm we realize that accidents don’t
want for business hours so an experienced motorcycle accident lawyer is
on staff to speak with you 24/7/365, no matter if it’s Thanksgiving
Day or 1am.
Contact us today at (800) 349-0000.