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May 09, 2019

Should you file a lawsuit against the other driver after your motorcycle accident?

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Posted in Collision, Free Consultation, Motorcycle Accident, Personal Injury Attorney

Motorcycle accidents are often serious, if not fatal, for the rider. If you are suffering from a debilitating injury after a crash, you may be considering filing a lawsuit against the other driver. Though this may in fact be your best option, it’s often wise to consult a motorcycle accident lawyer before proceeding. A personal injury lawyer can provide insight to motorcycle riders who were injured in accidents caused by other drivers. It’s important to protect your right to receive fair compensation for your injury related damages. We can help you with this process. Call us for a free consultation.

What is a personal injury claim?

Most people are somewhat familiar with lawsuits, but fewer understand the notion of filing a personal injury claim. A personal injury claim is similar to a property damage claim that you may file with the at-fault driver’s insurance company for damage to your vehicle. However, there are differences. Though it may be acceptable to allow your insurance company to handle your property claim against the other driver on your behalf, it may not be to your advantage to do this with an injury claim. For one reason, injury claims can be of significantly higher value than a claim for car damages.

Choosing to Partake in a Lawsuit

In our American culture, the first reaction of many victims is to threaten to sue another individual for a wrong that resulted in damages. “I’m going to sue you” is a common refrain. Very often, that path is not the first or only step toward a positive resolution. As described earlier, a personal injury claim can achieve a victim’s goal of obtaining fair compensation. A personal injury lawyer will look at the following:

1.       Determine the extent of the client’s injury and his or her cost in damages.
2.       Determine which party or parties is responsible for the client’s injury.
3.       File a personal injury claim with the at-fault insurance company, detailing the amount of compensation the client should receive for their damages.
4.       Enter into negotiations with the insurance company if necessary in order to obtain the largest possible settlement for the client.
5.       If the insurance company refuses to pay a fair settlement, the personal injury lawyer may recommend to the client that we pursue civil litigation. A lawsuit is often a last resort because of the time and cost involved.

Talk to a Personal Injury Lawyer About Your Legal Options

If you were injured while riding your motorcycle, learn what options you have for getting compensation from those responsible.

Thanks to our friends from Cohen & Cohen, PC, for their insight into motorcycle accidents.

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