How to File a Motorcycle Accident Lawsuit
If you’ve been injured in a motorcycle accident, you might be left with numerous bills: medical bills, rehabilitation, adjustments to your home, and living aids necessary to help you do all the things you used to do on your own. These bills can make just living your life prohibitively expensive. If the other driver was at fault, a motorcycle accident lawsuit could help you pay your current and future bills.
But how can you file a motorcycle accident lawsuit? Here are some steps to follow.
Decide if a Lawsuit Makes Sense
A lawsuit isn’t necessary after every motorcycle accident. How do you know if it makes sense in your case? Here are some steps to take that can help you decide if a lawsuit makes sense in your case.
File a Police Report
If you can get the police to come to the scene of the accident, that is best, as they will be able to assess the location and collect any evidence they deem important. If you were seriously injured in the accident, they will hopefully document the scene carefully.
The police might also do something else that can help your case: cite the other driver or even charge them with reckless driving. That would be very helpful if you decide to file a lawsuit.
If the police don’t come out to the scene, either you or a friend should document the accident.
File an Insurance Claim
The court can reject your lawsuit if you haven’t tried other ways to get compensation for your injury, so it’s important to make a claim with your insurance company and the companies of any other drivers involved in the accident.
Before making your claim, assemble all your bills so that you have at least a good idea of how much the accident is likely to cost. Remember, medical bills can sometimes take months to arrive. Often, though, you will get a statement before the claim goes to your health insurer. Although this isn’t a final bill, it can serve as a placeholder. If you missed time from work, factor in lost wages – even if you had vacation, sick, or PTO time to cover it. Include a rough estimate of future expenses.
Use caution when filing a claim. Insurance companies will try to get you to say things that will make it harder for you to get compensation in the future. Stick to the basic facts of the accident and the current state of your injuries. Never talk about your prognosis or imply that you’ve fully recovered – these are speculations but can be interpreted to reduce the amount of compensation you’re due. Don’t talk about other drivers’ thoughts, since you don’t know them, and don’t talk about yours, either. Just focus on the facts of what you did and what happened.
If you feel like an insurance adjuster or other representative is trying to lead you into saying something that isn’t true or would reduce your compensation, find an excuse to stop the conversation and finish your statement later. Then talk to a lawyer.
Consider Future Expenses
While you are waiting for insurance to respond to your claim, make a detailed estimate of your future expenses. If you are still recovering, factor in ongoing treatments, such as physical therapy. Along with other future expenses, consider any supportive devices you will have to purchase, modifications to your home, and other costs. Don’t forget lost wages if you can no longer do the same job or work as many hours as you did before the accident.
If the cost of future expenses turns out to be much higher than you initially thought, you should talk to a lawyer.
Talk to a Lawyer
When you get your response from insurers, you will likely find yourself in one of three situations:
- Claim denied
- Claim approved for less than you asked
- Claim approved for the amount you asked, but it’s less than you think necessary
In these cases, you will want the help of a motorcycle accident lawyer to help you get the compensation you need to pay expenses related to your injuries.
Personal injury lawyers typically offer free initial consultations. This should be enough for you to figure out whether it makes sense to file a lawsuit. A motorcycle accident lawyer understands what expenses are typical after an accident. They can look over your current bills and estimates for future expenses and help you understand why you’re probably not requesting enough. They will help you understand the most likely current and future expenses related to your motorcycle accident. A lawyer can also help you gather documentation, pictures, and other evidence to support your claim.
Send a Demand Letter
Once it seems that insurance isn’t going to cover your expenses related to the accident, it’s time to make a formal demand of the driver or drivers that you think are responsible for the accident. A demand letter essentially gives the other driver or drivers one last chance to avoid a lawsuit by simply giving you what you request without a lawsuit.
It’s best to have a motorcycle accident attorney draft this letter for you. An improper demand letter can weaken your position in a lawsuit. Your demand letter should state:
- The date of the accident
- A brief, factual account of the accident
- The evidence you have that the letter recipient is responsible for the accident
- The amount of money you are seeking
- The deadline to respond in order to avoid you filing a lawsuit in court.
Then you wait to see if you will get the money you are asking, or if you will have to file a motorcycle accident lawsuit with the court.
File a Formal Complaint
If the other party doesn’t respond to your demand letter or offers an amount that is less than you need to pay your bills, it’s time to file a lawsuit. Your motorcycle accident lawyer will help you complete this step by selecting the proper venue and filling out the related paperwork.
Help with Motorcycle Accident Lawsuits in Denver
If you have been hurt or lost a loved one in a motorcycle accident, a lawsuit can help you recover losses related to this personal tragedy. Every step of the process has potential pitfalls that can hurt your chances of recovery or reduce your odds of getting compensation. The sooner you involve a motorcycle accident attorney in the process, the better your odds of success will be.
Brian Pushchak is an experienced Denver motorcycle accident lawyer who has helped his clients recover millions of dollars following their accidents. He is ready to help you get compensation for your losses.
In addition, when you work with us, you will benefit from our exclusive Informed Decisions™ Approach focused on helping you get the best possible outcome for your case. We will start by listening to you to determine what matters most to you in your lawsuit. Then we will use our expertise to achieve your goals. Every action we take in your case is for your benefit.
However, you remain in charge of your case and will have final say on the strategy used. In addition, we will give you our personal contact information so that you can get in touch with us any time you have questions, concerns, or decisions to make about your lawsuit.
To learn how we can help you with your motorcycle accident lawsuit, please contact Pushchak Law today for a free initial consultation. We serve clients in Denver and the surrounding areas.
- Settlement vs. Trial: What’s Best for My Motorcycle Accident Lawsuit? - April 16, 2025
- Does Nighttime Riding Increase Your Risk of a Motorcycle Accident? - April 9, 2025
- How to Prevent Infections After a Dog Bite - March 29, 2025
Free Case Consultation
If you have been injured and would like to speak with one of our attorneys, take advantage of our free, no-obligation consultation. And if you have a viable case, there are no fees until we win.
Call 303.372.6145
