Did you know that more than 81,000 people are injured in motorcycle accidents every year? Motorcycle accidents can lead to severe injuries, property damage, and financial hardship.
If you are involved in a motorcycle accident caused by someone else’s negligence, you may be able to file a lawsuit to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages.
According to Hickory, NC lawyer Lyndon R. Helton, understanding the legal process of motorcycle accident lawsuits is important, as it can be complicated and often has specific deadlines.
This article will show you how to file a motorcycle accident lawsuit.
Understanding the Legal Process for Motorcycle Accident Lawsuits
If you are considering filing a lawsuit, you need to establish whether your claim is valid or not.
Determining damages includes checking who is liable for the accident.
Research the statute of limitations, since the deadline for filing lawsuits differs by state.
File a complaint stating the basis of your case and list the damages you are claiming.
The defendant will be given the chance to respond, and both sides will gather and exchange information during the discovery phase.
This all leads to settlement scenarios or trial situations. According to motorcycle accident attorney Marc Bleaman, understanding these steps will help you handle the legal process better and improve your chances of success.
Gathering Evidence and Documentation
Collect all necessary evidence and documentation to build a strong motorcycle accident lawsuit.
Get the accident report from the authorities as soon as possible. Police reports provide an objective account of what happened.
Photograph the scene, your motorcycle, and all vehicles involved. Pictures provide solid proof that strengthens your claim.
Record all your injuries and medical expenses.
Obtain witness statements with contact numbers so you can reach them when you need additional testimonies for your case.
Gather relevant insurance documents and correspondence relative to the accident.
Having an extensive collection of evidence will increase the chance of having a favorable outcome for your case.
Determining Liability and Fault
Liability and fault are important aspects of motorcycle accident cases that help determine who is responsible for the damages.
Your lawyer will examine the evidence you have collected, assess relevant traffic laws, evaluate road conditions, and analyze the actions of all parties involved in the incident. The police report and witness statements must be examined in depth for any facts that might be important for your case.
If you can show that the other driver was at fault, such as running a red light or failing to yield to a motorcycle, you have a strong case for proving liability.
There are cases where more than one party can be at fault. Don’t forget to consult comparative liability laws, which may affect your compensation.
Filing the Lawsuit: Steps and Requirements
If you decide to take legal action, you must gather the necessary documents, which include the accident report, medical records, and photographs taken during the accident.
The court in which you must file your lawsuit is determined by the location of the accident. Submit your complaint in compliance with local statutes of limitations.
The defendant will receive your complaint and learn about the lawsuit. Keep a copy of everything. These steps should provide a solid foundation for proceeding with your case.
Handling Settlement Negotiations and Court Proceedings
Once you file your lawsuit, you will most likely face some settlement negotiations and court proceedings.
Compile and organize all your evidence and documents relevant to the case. Consult a legal professional to determine whether it is better to settle or go to court.
If negotiations fail, your lawyer will assist in preparing you for court proceedings. Your lawyer will help you in learning how the court works, understanding its timelines, and determining which documents are required at each stage.
During court hearings, anticipate the opposing party’s questions and present your arguments clearly and directly.
A professional writer with over a decade of incessant writing skills. Her topics of interest and expertise range from health, nutrition and psychology.
