What to Expect During a Motorcycle Accident Lawsuit
After a motorcycle accident, your whole life might be turned upside-down. With bills related to the accident and a loss of income, you might find yourself in a situation where you don’t know how you’re going to get by.
A motorcycle accident lawsuit can give you the resources you need to pay bills and make up for lost income. However, many people are reluctant to file a motorcycle accident lawsuit because they don’t know what to expect. This guide can help you understand the process of what will happen during a motorcycle accident lawsuit.
Talking to a Lawyer
Before filing a motorcycle accident lawsuit, you should talk to an experienced motorcycle accident lawyer. Most personal injury lawyers offer free initial consultations. You should not work with one who doesn’t – you don’t need additional expenses at this time.
What the free initial consultation means can vary between law firms. Sometimes you will actually talk to the lawyer who will represent you. Other times, you might work with an assistant. However, you should get enough information from the initial consultation to answer two questions:
- Is it worth filing a motorcycle accident lawsuit?
- Do I want to work with this motorcycle accident lawyer?
Choose a motorcycle accident lawyer who you believe truly has your best interests at heart. You will be working with them quite a bit as your motorcycle accident lawsuit progresses, so choose someone you won’t mind spending time with.
Gathering Information
When you decide to work with a motorcycle accident attorney, they will want to gather information about your accident and its effects on your life. Hopefully, you collected evidence after your motorcycle accident, and you can show them what you have. They may also want to collect some additional evidence of their own. Make sure you disclose anything that might affect your case, such as previous accidents, citations, even reports about aggressive or careless driving. Don’t count on these remaining hidden – your motorcycle accident attorney must know about them in order to achieve the best results for you.
In addition, your motorcycle accident attorney will want you to provide information about your injuries and expenses. This includes records from your doctor’s visits, and they might want to interview you in detail to understand some of the subjective aspects of your injuries, as well as aspects that doctors commonly miss in their assessments. They may recommend additional tests and evaluations.
Finally, your motorcycle accident attorney might do some investigation into the other person or people involved in your accident. This can help them understand if the other driver has a history of behaviors or previous accidents that can help make the case that your accident was not your fault. This evidence will not only help if your motorcycle accident lawsuit goes to trial, but it can also make it easier to get a suitable settlement offer.
Making a Demand
Once your motorcycle accident lawyer has collected evidence related to accident, they will determine how much they should ask of the other driver or drivers involved in your accident. They will put this in a formal demand letter.
The formal demand letter will include not only the amount you are asking for, but it should also provide some of the evidence collected and a deadline for response.
Waiting
There will be a lot of waiting over the course of your motorcycle accident lawsuit. The first will come after your initial demand letter. In this time, the recipients of the letter will consult about the details and consider their position.
An individual driver will consult with their insurance company, and the insurance company will inform them how they plan to handle the lawsuit. Often, the insurance company will use its lawyers to represent the driver as their interests may align. However, sometimes the insurance company and the driver will have separate lawyers and may work toward different ends.
Waiting can be hard. It’s important to work with a motorcycle accident lawyer who makes themselves available during these times so you can get reassurance about the progress of your lawsuit.
The other party might be silent for a long time, but just because you haven’t gotten word from them, it doesn’t mean that they haven’t been active.
You Will Be Investigated
Just as your motorcycle accident lawyer investigated the other driver, expect that the other driver’s lawyer (or their insurance company’s lawyers) will investigate you. This is where they might discover any aspects of your past that you might have kept hidden from your lawyer.
The other driver’s lawyer will also be looking for evidence that your injuries are not as severe as you are making them out to be. You must be very cautious about engaging in any strenuous physical activity that might cast doubt on claims that your injuries interfere with your ability to work. For example, even if you work in the yard for five minutes then spend the rest of the day laid up, a jury might see the evidence of you working in the yard as an indication that you’re not really hurt. Be aware, too, that you are likely being recorded any time you speak to your insurance company or the driver’s insurance.
Your motorcycle accident lawyer will counsel you on what activities to avoid during this time. They will also teach you what to say when you talk to insurance company employees or lawyers.
Counteroffers
It is unusual for you to immediately get the exact amount you demanded. In fact, if you do, it might mean that you didn’t ask for enough. It’s more likely that you will get a counteroffer that is less than you hoped for.
When you get a counteroffer, it might initially seem like a lot, but it’s important to talk to your motorcycle accident attorney about your current and future expenses to put the amount in perspective. Then you can decide whether to accept an offer or potentially revise your original offer before going to trial.
If the other party gives you what you demand or you accept one of their counteroffers, this is considered making a settlement to your motorcycle accident rather than going to trial. Both options offer advantages, and you should talk to your motorcycle accident lawyer about which is best in your case.
Going to Trial
If you decide that you aren’t going to accept a settlement from the other party, you will take your motorcycle accident lawsuit to trial. Your motorcycle accident attorney will file a formal complaint, which starts the process.
Your motorcycle accident attorney will use discovery to gain more information to help your case, and the other attorneys will also use discovery to gather information about you. At this point, any hope you had of concealing information will likely be lost – it’s critical to get everything out in the open with your attorney at the beginning so there are no surprises.
Then you will decide to have your trial before a judge or select a jury. During the trial, you and your attorney will make your case, and the other driver and their attorneys will make theirs. At the end of the trial, the judge or jury will decide the outcome of the case. If they decide in your favor, the other party will be asked to pay you. The amount may be more or less than you initially demanded, depending on how the trial went.
After the trial, either side may file an appeal. In addition, the settlement process remains an option even as the trial is proceeding.
Help with Your Motorcycle Accident Lawsuit in Denver
If you live in Denver or anywhere along the Front Range, experienced motorcycle accident lawyer Brian Pushchak is prepared to help you get compensation for your injuries and losses. He’s made motorcycle accident cases a primary focus of his practice, and he can help you avoid potential pitfalls along the way.
In addition to helping his clients get millions of dollars in compensation, Mr. Pushchak offers his exclusive Informed Decisions™ Approach, which can improve your experience and help you to get an outcome specifically suited to your needs. We start by listening to you to understand what matters most to you in this case.
We will give you our contact information, and you can reach us at any time you need us. If you have a question, want to make a specific decision, or just need assurance during one of the long waits, we are here for you. The case is always under your control. Our expertise is at your service, but every decision is yours to make.
To learn how we can help you handle the uncertainty of your motorcycle accident lawsuit, please contact Pushchak Law today for a free consultation. We serve clients in Denver and the surrounding areas.
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