Motorcycle Accidents: Filing a Claim for Compensation

Motorcycle Accidents: Filing a Claim for Compensation

Motorcycle accidents often lead to significant economic losses. The costs associated with the accident can quickly add up, leaving you in financial ruin. Luckily, you have a right to file a claim to recover compensation for your losses.

Filing a claim for compensation after a motorcycle accident can be complex. It involves a lot of paperwork, deadlines, investigations, and more. A good personal injury lawyer will investigate your motorcycle accident and help you navigate the legal process. But even with a lawyer, you still need to understand what filing a claim entails.

Read on to learn more about filing a claim to recover damages after a motorcycle accident.

Damages in a Motorcycle Accident Claim

Understanding what damages you can recover in a motorcycle accident claim is vital. Doing so can help you get the compensation you deserve. There are several types of damages that you can claim in a motorcycle accident case. One is the cost of medical treatment. It covers doctor visits, hospital stays, physical therapy, and more.

Your motorcycle may get damaged as a result of the accident. So you may be able to claim compensation for the cost of repairs or replacement. You may claim lost wages if you can't work for some time due to your injuries. You can also recover compensation for reduced earning ability.

Motorcycle accident victims often suffer physical and emotional pain due to the crash. Thus, they can claim compensation for pain and suffering.

Investigating the Accident

Part of the claims process is an investigation into the accident, which is why searching for a Tampa motorcycle attorney (or an area near you) is an important part of the process. Investigations help to identify who is at fault for the crash. They also help determine the extent of the damages you suffered.

The insurance company will likely investigate the crash to determine the facts. If you have an attorney, they will also investigate the motorcycle accident. During investigations, a lawyer may obtain the police report. It usually shows details of the crash and the police’s opinion on who is at fault.

Your medical records will also serve as evidence. They show the extent of your injuries due to the motorcycle accident. Other forms of evidence include:

  • Eyewitness statements
  • Expert opinion (from accident reconstructionists, medical professionals, etc.)
  • Pictures of the accident scene
  • Traffic video footage of the crash, if any

Negotiating With the Insurance Company

Many motorcycle accident claims settle out of court through negotiations. Negotiation is the process of different parties coming to an agreement. In a motorcycle accident claim, the parties involved are the plaintiff and the defendant’s insurer.

Negotiation lets you and the other party agree on a settlement amount. A lawyer can handle negotiations to help you receive fair compensation.

You’ll sign a settlement agreement if you and the other party settle. Signing the agreement and receiving compensation brings an end to the case.

Filing a Lawsuit

Sometimes, parties don’t reach a settlement agreement. Thus, you can proceed to file a lawsuit against the other party. Doing so lets the court decide on the motorcycle accident case.

When filing a lawsuit, you must be aware of and honor the statute of limitations. It is a law that sets a deadline for the time you have to file a suit. The statute of limitations clock starts ticking on the day of the accident.

If the statute of limitations expires, you may be unable to file a case in court. Thus, you might lose your right to receive compensation for your injuries.

Seeking Legal Help

The process of filing a claim after a motorcycle accident may seem daunting. You have the option of seeking the help of a lawyer to help you file a claim. A lawyer has the expertise to help you recover compensation.

A lawyer can help you by doing the following:

  • Explaining the legal process in a simple manner
  • Filing paperwork correctly
  • Representing you in court
  • Affording you peace of mind

Wrap Up

You don’t have to bear the costs of your motorcycle accident alone. You can hold the negligent party liable for your losses. File a claim against the responsible party to recover the compensation you deserve.

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