To determine the worth of a motorcycle accident lawsuit, two factors must be considered: responsibility and damages. Liability refers to the individual who was at blame for the accident. If there is no culpability, either because the driver who struck you was not negligent or because you are unable to establish that the other motorist was irresponsible. If you want to move forward with filing a lawsuit, check out the steps we gathered below.
1. Checking Policy Coverage
If you’ve been harmed and believe the other party should be legally liable, you may want to determine if that party has insurance benefits that will step in to fund any injury claim you make. Is the opposing driver insured after a vehicle accident? This is critical because it affects your ability to recover any damages awarded to you by a jury during a personal injury lawsuit. Obtaining a judgment in your favor is one thing; collecting on that judgment is another, and the narrative may not end so happily if the defendant lacks relevant insurance coverage and has little assets. Consider the number of your injuries and if your own insurance coverage may give a sufficient remedy.
If you were not significantly injured in the accident, the cause of the accident is unclear, and you have health insurance, you may want to reconsider initiating a lawsuit against someone who lacks insurance. On the other hand, if your injuries are severe, and it is evident that the other party was at fault for the underlying accident, you should definitely pursue them regardless of whether they are covered by an insurance policy, and leave the specifics to them.
2. Hiring A Personal Injury Attorney
Aside from the most straightforward circumstances, if your injuries are minor, and you are convinced you can get a good outcome on your own, you should know that it is still generally better to consult with a personal injury attorney. Consider an incident that happens in a place like Florida, where many road accidents happen often. Handling a complex Tampa, FL motorcycle litigation requires professional and experience-based knowledge. Therefore, bear in mind that speaking with a lawyer is not the same thing as hiring one. The majority of personal injury attorneys will gladly conduct a free first consultation, during which they will review the facts of your case and detail your legal alternatives.
In the majority of personal injury cases, the practitioner works on a contingency arrangement, which means the client pays zilch unless and until they obtain a settlement or court judgment in their favor. The attorney then charges a fee for services based on an agreed-upon proportion of the settlement or judgment. Depending on the level of money at risk and the intricacy of the legal problems in your case, and also on how hard the other party is ready to fight, it may be worthwhile to hire an attorney to fight the battle for you.
3. Filing The Claim
As you are probably aware, the great majority of injury claims are settled prior to trial, and many are solved prior to the filing of a civil complaint. There are alternatives to going to trial and filing a lawsuit to collect compensation for an accident.
Again, if you have insurance coverage, you may make a third-party claim with the at-fault party’s insurance provider. You’d begin by obtaining the other person’s coverage carrier’s name and policy number. Then, send the firm a notice of claim that contains information about their insured client, your identity, the date of the incident, and a notification statement in which you state that you were harmed and want to pursue a claim. At this stage, avoid getting into details, as that will occur in the course of settlement talks and subsequent letters, like the demand letter.
After all, if your insurance claim is denied or settlement discussions fail, you may still initiate the personal injury litigation process by filing a complaint with your state’s civil court. One critical law to bear in mind is your state’s personal injury provision that allows submission of complaints in a particular timeframe; this statute establishes a time restriction for filing a lawsuit after an accident, making it critical to understand and follow it.
Following an accident, it is typical to express regret for what occurred. Take caution with what you remark after an incident, and ensure that nothing you say may be construed as an admission of blame. The other motorist may emerge shouting, claiming you caused the collision, and attempting to get you to acknowledge guilt. Never acknowledge blame, even if you believe you contributed to the accident. Who is at fault in an incident should be a jury issue. Allow your attorney to communicate with the other parties, the insurance agency, and the city on your behalf.