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7 Steps to a Great Settlement
After a motorcycle accident you will face more than physical challenges. You will face economic challenges, as well. The financial goal of every accident claim is to obtain a fair settlement. Injury lawyers cannot make you better physically. Quality medical care and hard work may do that. Our role is obtain money for you to help with the economic consequences of your accident. If you have been injured, you know the economic impact is real, and it is immediate.
First, this article describes the essential elements of all motor vehicle accident and injury claims. It will explain how motorcycle accidents are similar and how they are different from other auto accident claims. It will discuss sources of recovery and common mistakes in these types of claims. Next, it will inform you on what we can do to help. It will indicate to you the next steps towards the successful resolution to your claim. Finally, it contains information about the Wilmington motorcycle accident lawyers at Speaks Law Firm and why it is that we are qualified to provide this information.
1. Know the Elements of a Motorcycle Accident & Injury Claim
The motorcycle accident must be caused by the negligence of another person. A person is negligent when he or she makes a careless mistake. Usually, liability is determined at the scene by the investigating officer. It is important to review the Collision Report with an experienced motorcycle accident attorney for accuracy as soon as possible.
You must have been injured in order to have a motorcycle accident injury claim. Medical bills, lost income, permanent impairment, and pain and suffering are examples of compensable loss in motorcycle accident injury cases. All of the loss amounts totaled together are the damages in a particular accident claim.
Most people don’t have enough money to pay for the damages that result from mistakes they make while driving. As a result, the law requires that everyone purchase insurance in case they accidentally hurt someone else. After an accident, the insurance company for the responsible driver must pay or defend the claim.
These insurance companies are businesses that seek to maximize profits by minimizing the amount they pay out in claims. In some instances, the careless driver does not have any insurance or enough insurance so the injured person must look to other sources to recover money for the damages that result.
2. Understand How Motorcycle and Auto Accident Injury Claims are Similar
In some ways, motorcycle accident claims are similar to other auto accident claims. For example, successful claims require liability, damages and insurance coverage. Also, the goal of the insurance adjuster is to save money by paying you less. The claims process has grown much more complicated.
In addition, the relationship with the attorney is the same. There is no fee for calling and asking questions. There is no obligation to work with a law firm just because you call and ask questions. There is “No Fee Unless We Recover Money” for your case. What do injury attorneys mean when they say that? Click here to find out.
3. Learn How Motorcycle and Auto Accident Injury Claims are Different
You Are Exposed to Greater Risk of Injury
Any accident can be serious, but collisions involving motorcycles can be devastating. People involved in motorcycle accidents are 26 times more likely to die and 5 times more likely to be injured. Fatalities from other types of motor vehicle accidents have fallen since 1999. However fatalities from motorcycle accidents have doubled since that time. Seat belts, airbags, and video cameras have made operating a car substantially safer. These innovations have done little to improve safety for motorcycle enthusiasts.
Your Medical Expenses and other Costs may be Greater
Accidents involving motorcycle riders can result in more severe injuries than accidents involving other types of motor vehicles. Severe injuries can lead to additional costs and expenses for the injured person. Also, permanent impairment can result. This can affect your ability to work, care for yourself or your family. It can impact your quality of life. The responsible insurance company should pay these additional costs, but the accident and the medical treatment must be properly documented from the beginning in order for that to happen.
Common causes: “I simply did not see him.”
Scenic roads, picturesque landscapes and friendly people make North Carolina a popular place to ride. It can also be dangerous. Cell phones, alcohol and inattention can place motorcyclists and their passengers in peril. Many automobile drivers focus their attention squarely on other cars and trucks. They never even see a motorcycle until it is too late.
In addition, riders are vulnerable and physically exposed to injury when they ride. They may drive more carefully as a result. Other drivers, however, have no such heightened awareness. To the contrary, two-thirds of motorcycle accidents result from the other driver’s failure to yield the right of way to a motorcycle. Because motorcycles leave operators more vulnerable and exposed to danger, the injuries sustained in these accidents can be more severe.
Injuries resulting from motorcycle accidents are different in some ways from other types of auto injuries and require that your injury lawyer has special knowledge, training and experience.
4. Investigate the Insurance Coverage
Who Will Pay for all of This?
Even though your injuries may be more severe and the value of your claim may be greater, the insurance policy for the other driver may be exactly the same. Commercial trucking accidents can produce serious injuries, but the commercial drivers are usually required to carry additional insurance in case there is an accident. After a motorcycle accident, the other driver may not have enough insurance to pay for your damages. We may have to look to other insurance policies or other sources of recovery. All motorcyclists should have $1 million dollar uninsured motorist provisions in the auto insurance policies.
5. Keep Away from Common Mistakes
Many people often make the mistake of speaking to an insurance adjuster or accepting a settlement from the other driver’s insurance company immediately after their accident. This is a mistake. It is important that you speak to an experienced motorcycle accident lawyer before you talk with the adjuster.
6. Ask an Experienced Motorcycle Accident Attorney
You may not be ready to hire a lawyer, but you are ready to ask questions. Selecting the right motorcycle accident attorney to call is important. It must be someone who is knowledgeable, experienced and effective. Also, it must be someone with whom you feel comfortable and someone you believe genuinely has your best interests in mind.
We are experienced motorcycle accident injury attorneys. We can review the investigative materials to make sure that the accident was accurately and completely investigated and documented. We may be able to get you the treatment you need even if you do not have medical insurance. We can properly document your claim by gathering police reports, witness statements, photographs, medical records, and medical bills. We can perform the legal research, loss analysis and demand calculations that are necessary. We present this documentation to the insurance company. Our knowledge, reputation and history of success helps us at every stage of this process. This comprehensive approach is an effective means to produce a successful motorcycle accident injury claim settlement.
7. Take the Next Step
The attorneys at Speaks Law Firm can answer your questions. We can also determine how much the insurance company should pay you for your claim. We can maximize the amount of recovery for your injuries. We know the laws governing motorcycle accidents. We deal with motorcycle accident claims on a daily basis. We prepare at the beginning so we usually do not have to fight in court at the end.
Still not sure who to call? Take a look at this article, “How to Select the Right Motorcycle Accident Lawyer“. It contains a recommended step by step approach that will help you make informed decisions about what to do next.
What Qualifies us to Provide this Information?
We have been recognized by national organizations for our experience, professionalism and results. We help good people who have been injured in accidents recover fair compensation for their injuries. We are rated “10.0” (out of a maximum of 10.0), “Superb”, and “Top Car Accident Attorney” by National Attorney ranking service Avvo.com. In addition and for three consecutive years, R. Clarke Speaks has been selected to Super Lawyers for his work in the legal field of personal injury law. R. Clarke Speaks is a member of the National Trial Lawyers Top 100 Lawyers. We have years of experience providing effective representation for people in motorcycle accident injury claims with a proven track record of success. Also, Clarke is the author of The North Carolina Auto Injury Book and produces The Road to Recovery, a magazine for people injured in traffic, workplace and industrial accidents.