Motorcycle Accident Settlement
Depending on the circumstances surrounding the accident and the specific cause of the injury, another party may be found negligent. If a negligent party was the cause of your injuries, you may currently be pursuing monetary compensation in a motorcycle accident case..
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The National Highway Traffic Safety Administration (NHTSA) reported that motorcyclist fatalities in the United States totaled at 5,286, which is a 5.1 percent increase from the previous year.
For many people, riding a motorcycle is part of their daily routine. It takes a great deal of experience and skill to safely operate a motorcycle, and due to the lack of protection they have compared to being in an enclosed vehicle, it is imperative that motorcyclists always exercise extreme caution. However, even when a motorcyclist is careful, a tragic accident can still result due to the negligence of another. Motorcycle accidents often result in serious injuries, and in some cases, these injuries can be fatal.
Some of the common injuries that motorcyclists can sustain in an accident include, but are not limited to:
- Traumatic brain Injuries
- Spinal cord injuries
- Road rash
- Nerve damage
- Bone fractures
- Loss of limb(s)
In a recent one-year study, the National Highway Traffic Safety Administration (NHTSA) reported that motorcyclist fatalities in the United States totaled at 5,286, which is a 5.1 percent increase from the previous year. The organization also reports that motorcyclist fatalities occurred 28 times more often than deadly accidents in other vehicles.
No two auto accidents are identical, and because of this, there are often several causes of motorcycle accidents. However, some of the most common causes of motorcycle accidents include negligent drivers. A driver may not see a motorcyclist on the road, or the driver may be distracted, perhaps while texting on a cell phone. In some situations, a driver is under the influence of drugs or alcohol when striking a motorcyclist.
Some of the common types of motorcycle accidents which result in injuries and claims for compensation may include:
- Excessive speed accidents
- Rear-end motorcycle accident
- Lane splitting accident
- Hit and run motorcycle accident
- Driving under the influence
- Dangerous road conditions
- Left-Turn collisions
There are also several cases of single-vehicle accidents when it comes to a motorcycle crashes, where no other vehicles were involved. However, depending on the circumstances surrounding the accident and the specific cause of the injury, another party may still be found negligent. For example, defective safety gear, such as motorcycle helmets, have been found to be the direct cause of a motorcyclist’s serious injury in what would have otherwise been a minor accident. If a negligent party was the cause of your injuries, you may currently be pursuing monetary compensation in a motorcycle accident case.
Settlement Cases We Fund
What To Do After a Motorcycle Accident?
The first thing you might want to consider is to try to stay calm and get all the help that you can. Whether it is consulting with legal or medical professionals, you must resist the urge to pretend that everything is okay, or assume that you can handle everything on your own.
If you are wondering what to do after a motorcycle accident, the first thing you might want to consider is to try to stay calm and get all the help that you can. Whether it is consulting with legal or medical professionals, you must resist the urge to pretend that everything is okay, or assume that you can handle everything on your own.
Why Should I Get Prompt Medical Treatment?
The most important thing after a motorcycle accident is your health. Of course, you are also working to obtain financial compensation. What comes first is getting treatment for and recovering from your injuries. If you even suspect that you are injured, make sure to get medical assistance at the scene of the accident. If nothing else, it will begin the process of proving that you have been injured.
In the days after the accident, you might want to keep up with all your doctor’s appointments. Regardless whether or not you are thinking about filing a claim, you must visit a doctor. Waiting too long could be detrimental to your health. And if you want to seek compensation, waiting could affect your chances of receiving compensation.
Which Paperwork Should I Gather to Make My Claim?
Even though you are dealing with your injuries, staying organized improves your chances of receiving compensation. Keeping all your evidence and paperwork in one place allows you to file the most effective claim possible. Here are some things that you may need to save, whether in hard copy or electronically:
- The police report from the accident
- The other driver’s contact and insurance information
- Photographs of the accident scene
- Medical records
- Witness statements and contact information
- Pay stubs that would prove lost earnings.
Your hope is that the insurance company will make a quick finding of liability and begin talking settlement. To ensure that, you need to have a fully documented file.
How Can an Accident Log Help Me?
The amount of money that you receive for your claim depends on your individualized damages. One of the major elements of your motorcycle accident claim is damages for pain and suffering, which is meant to compensate you for your experience both during and after the accident.
If you are wondering what to do after a motorcycle accident, you should keep a journal of your day-to-day experience. Doing so will document your personal experience. If you feel excruciating pain, make a note of it in a spreadsheet or a narrative journal. In addition, you should track major milestones and things that you may have missed.
What Steps Can I Take to Maintain My Privacy?
You may be on the receiving end of calls from the other driver’s insurance company. Given the amount that it may need to pay you, the insurance company could try to keep you from getting your money. For instance, and insurance company may want to show that the insured was not responsible for the accident or that you are not as hurt as you claim. With that in mind, here are some guidelines:
- Consider not talking to the insurance company or their agents about your accident unless your attorney tells you that it is acceptable. Even then, you might want to only talk with your attorney present. In general, it is best to communicate through your lawyer.
- Do not post about your accident on social media.
- Maintain a social media blackout when it comes to posting any pictures or details of your life.
Why Should You Hire an Attorney After a Motorcycle Crash?
A key step to make in the claims process is hiring a motorcycle accident attorney. Bringing on experienced representation will prevent you from wasting time figuring out what to do after a motorcycle accident. Your lawyer will take charge of your case and tell you the steps of your legal process. Given your injuries, it may be close to impossible for you to handle your case on your own.
The lawyer can deal with the insurance company on your behalf and make sure that you are not bullied or deceived. In addition, they may negotiate your settlement since they know the value of your claim. Your lawyer is there to keep the insurance company from taking advantage of you.
Things You Might Not Know About Motorcycle Accident Lawsuit Funding
If you are ever the victim of a car accident, you will likely suffer financial losses and even mental and emotional anguish. A settlement from the at-fault party's insurance company is meant to pay you for these damages.
Here are five things you might not know about motorcycle accident lawsuit funding. Some people might hesitate to speak with a litigation finance company because they have any one of a number of misconceptions about the practice. When you speak with a specialist, you will realize how pre-settlement funding will help your particular financial situation.
It Is Not a Loan
Many people think that litigation funding is a loan to keep you afloat financially that you eventually need to pay back. That is incorrect. Instead, litigation funding is non-recourse funding. Instead of having to repay the money no matter what, you only have to pay if you are successful in your case, meaning that you have either settled the case or have won the case in front of the jury.
You do not owe a debt to the company that gives you the funding. Instead of lending you money, it has given you money in exchange for a part of the proceeds of your case. In other words, it will receive a portion of the amount of your settlement or judgment. You would give instructions to your attorney to pay the company out of your proceeds.
You Are Not in Debt
One common misconception about litigation funding is that you owe the litigation funding company if, for some reason, you are not successful in your case. That is also not correct. Since the litigation finance company owns a portion of the proceeds of your case, if you lose the case, the litigation funding company would simply get nothing because the case would not be worth anything. There is nothing to repay, so this is not a debt. You will not be left owing any money if you do not recover financially.
You Can Get Money Quickly
Most people do not realize that once you qualify for litigation funding, actually getting your money is easy. Of course, there is a review of your case necessary before you can receive the funding since we need to be familiar with your claim and its merits. However, once your application is approved, you can receive your money in as little as 24 hours. There is no long waiting period for the money that you need to be released to you like there is when you are waiting for your case to settle. In this way, litigation funding can help you meet your immediate financial needs while you wait on the legal process to conclude.
The Money You Get Is Unrestricted
You might have also thought that there would be limitations on how you could use the advance that you receive in litigation funding. Once you get the money, it is yours to do with as you wish, so long as it is for your personal and family use. There is nothing wrong with using it for personal expenses such as housing and car payments. In fact, that is exactly why many people obtain litigation funding. You would never need to submit expense statements or itemized spreadsheets with how you spent the money. Once your funding goes through, that is entirely your business.
Types of Motorcycle Accidents
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Four Steps to Start Building Your Motorcycle Accident Claim
Here are four steps you may nevertheless want to consider to build your motorcycle accident claim: Collect Your Emotions, Document Your Accident, Get Medical Help and Hire an Attorney.
When you are dealing with an insurance company in the wake of a motorcycle accident, you should consider seeking the assistance of an attorney early in the process. However, here are four steps you may nevertheless want to consider to build your motorcycle accident claim. It takes some organization and foresight to put your strongest foot forward, so you need help to work on your case. The package you present to the insurance company may determine whether you receive compensation and how much you get.
Collect Your Emotions
If you decide to deal with the insurance company directly, it is crucial to take a deep breath as the very first step of your claims process. You might not even be in the position to receive compensation if you are not focused, because the insurance company could be trying to trip you up and get you to say something that undercuts your case.
Dealing with an insurance company is a stressful process. It automatically has an advantage over you because it has an army of lawyers, statisticians, and adjusters ready to jump into action. In order to be as effective as possible and present your best case, you should remain calm.
Document Your Accident
In order to have a viable motorcycle claim, you will need to show that someone else was responsible for the crash. Then, you will need to prove your damages in order to be paid for them. In other words, you must show that you are entitled to damages and what those damages are.
If you are dealing with the insurance company, it will make a claim offer to you after the company:
- Speaks to the drivers involved.
- Adjusts and completes its investigation.
- Reviews all the documentation.
You need to provide the insurance company with the necessary paperwork so it can determine liability and make you an offer. The first set of necessary documents would consist of pictures of the accident, the police report, and the contact information of witnesses who may speak with the adjuster.
The second set of needed paperwork is your medical records and other documents that could establish how much you deserve to be paid. Your attorney will guide you in determining what is the best evidence to prove your case. However, you should be ready to provide as many records as possible to give the insurance company a full picture of your damages. In addition, you should also be ready to provide pay stubs and salary information to pay you for lost wages.
It is important to be systematic and organized when you give information regarding your claim. Otherwise, your check could be delayed, and it may not get a full idea of what it needs to pay you.
Get Medical Help
The insurance company will write you a one-time check to settle your claim. Once you accept the check, you sign an agreement that releases them from any further liability. Therefore, you should be ready to provide a complete picture of your injuries because you will not get a second chance to come back for more money.
Medical records will help guide the insurance company when it is computing a settlement offer. Even if you do not think that you are injured, it is best to get checked out by a doctor. Not only is it the right thing for your health, but it will also help your claim.
Hire an Attorney
If everything that we said above seems intimidating, there is a reason for that. Insurance companies have earned their reputation of being difficult. When you are recovering from your accident, you need help dealing with the insurance company and compiling your claim.
An attorney will also help when your insurance company wants a statement and protect you from the other driver’s insurance. Finally, the attorney would also help you negotiate the claim since it takes time for the insurance company to make a reasonable settlement offer that fairly compensates you. In addition, it does not cost you any money upfront to hire an attorney for your claim, and they would have a good sense of how much you should be paid.
If you were in a car accident or sustained a personal injury in another way, pre-settlement loans can help you get back on your feet.
How much is a good settlement for a motorcycle accident?
The more severe your injury, the higher the multiplier that the insurance company will typically use. Another way damages for pain and suffering could be calculated is by assigning a daily rate for what you have endured.
After you have been injured in a motorcycle wreck, one of the first questions that may ask is “how much is a good settlement for a motorcycle accident?” We cannot answer this question for you. Instead, we can tell you that the best settlement is one that fully and fairly compensates you for your injuries without having to wait too long for your money. Ideally, the settlement would put you in the same position as if the accident never happened. Unfortunately, the reality is that it takes time and effort from your attorney for the insurance company to get to a point where it is compensating you adequately.
How Much Is a Typical Pain and Suffering Settlement?
One of the major components of your motorcycle injury settlement could be damages for pain and suffering, which is meant to compensate you for the difficulty of your experience, whether it is physical discomfort or emotional stress. Damages for pain and suffering is typically expressed as a multiplier of your economic damages in the case. The more severe your injury, the higher the multiplier that the insurance company will typically use. Another way damages for pain and suffering could be calculated is by assigning a daily rate for what you have endured. Many believe that it is crucial to have extensive documentation of your injuries so that the insurance company can make you a reasonable offer.
What Is a Good Settlement Offer?
A settlement offer may not pay you a dollar on the dollar for your damages. The reason many people accept settlement offers is to receive financial compensation more quickly. They may also want to manage their own risk because they are far from guaranteed to win at trial. The insurance company is making its own calculations of their risks should your case go to a jury. In the best-case scenario, you do not have to sacrifice much to get your money quickly and without a jury trial. In practice, it does not always work out that way.
Should You Accept the First Settlement Offer?
Your attorney is best equipped at helping you answer this question. However, a case is typically not settled after the first settlement offer is made. The insurance company gives a value to your case early on, and is counting on the fact that you may have undervalued your own case. In addition, the company is looking out for its bottom line, something that does not benefit from writing checks to pay claims for its real value. Therefore, initial offers are typically being well below what a plaintiff may deserve for their claim. Therefore, it is not surprising that many plaintiffs reject the first offer they receive. And, , rejecting an offer typically begins the negotiation process. Most motorcycle accidents end up settling before the case goes to trial. Chances are that your case will settle too.
What Happens If I Reject a Settlement Offer?
Often, a settlement offer does not stay on the table after a plaintiff rejects it. If the offer has been withdrawn after it is rejected, you cannot come back and take it if you have a change of heart later on. An attorney will determine if the offer is in your best interests. In most cases, if you approach the insurance company after rejecting the settlement offer, it would likely reinstate their prior offer, but you cannot take that as a given. One thing you might want to do is submit your own counteroffer to the insurance company to continue the negotiation process.
Rejecting an initial settlement offer can be a common in resolving an insurance claim. Indeed, it is common for plaintiffs to say no to at least one settlement of before finally agreeing on an amount.
What Happens if I Never Get a Reasonable Settlement Offer?
There are cases in which the insurance company simply will not make a settlement offer that adequately compensates victims for their injuries. If this happens to you, there is a good chance that your case is going to trial. When cases go to trial, both sides present evidence to a judge or jury who then make a decision about liability. In most motorcycle accident cases, however, both sides are eager to avoid going to trial, which is why most cases settle before a trial takes place.
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How To Deal With A Fatal Motorcycle Accident in The Family?
Things you could do when you are figuring out how to deal with a fatal motorcycle accident in the family are: Get Grief Counseling and Professional Help, Find Out What Happened, Review and Update Estate Plans and File a Wrongful Death Lawsuit.
Here are four things you could do when you are figuring out how to deal with a fatal motorcycle accident in the family. When families lose a loved one in a fatal motorcycle accident, they have everything to deal with all at once. While the grief is overwhelming, there are also pressing financial and legal issues that must be addressed immediately.
Get Grief Counseling and Professional Help
The sudden loss of a loved one in the prime of their life can shatter a family, and things may never be the same. There may be children who are struggling to cope with and handle the loss of a parent. Generations of a family could be affected.
Many articles that focus on legal recovery emphasize the need for hiring a lawyer immediately. That is certainly true, but a grief counselor could be every bit as important. Nobody should ever shy away from seeking professional help thinking that they can tough out the loss of a loved one. While you may never heal completely, speaking to a counselor might be one of the most significant first steps in the healing process.
Find Out What Happened
Most families want answers about what happened to their loved one. There could be much more than what you see on the initial police report. Families usually want a full investigation of the crash so that they can start to accept what happened. Without answers, some families may never begin to heal.
Hiring an attorney could help the family learn about what led up to the fatal accident. The family might learn that their loved one was not at fault for what happened. Oftentimes, establishing the facts requires witness interviews and a recreation of the accident scene. While the family may suffer even more trauma when they learn that someone else was responsible for the death of their loved one, at least it clarifies what happened and their legal options going forward.
Review and Update Estate Plans
Again, your legal focus should be on more than just receiving compensation for your family member’s death. The untimely passing of a key part of your family will impact the future in more ways than one. The hope is that the person who passed had an estate plan and will of their own that can now be executed. Nonetheless, it may also require more changes in the estate plan going forward. For example, if the deceased was a parent, you may need to pay more attention to arrangements for the children and future estate planning. Therefore, in addition to a hiring a personal injury attorney to handle the motorcycle accident claim, you might want to consult with an estate planning lawyer.
File a Wrongful Death Lawsuit
Of course, if someone else was responsible for the motorcycle accident, your family may be entitled to significant financial compensation in a wrongful death lawsuit. A wrongful death lawsuit could compensate your family for the harm that the accident victim suffered before their death and the damages that the family sustains afterward. Your family may likely depend on receiving this money to make up for the fact that a key member of the family has passed away. Damages in a wrongful damages claim can be considerable. Hiring an attorney as soon as possible could help begin the legal process and allow you to focus on your emotional and personal healing.
However, a wrongful death claim can take some time to settle, especially because it can involve significant damages. This delay leaves families in a bind while the litigation is pending. One part of figuring out how to deal with a fatal motorcycle accident in the family is dealing with your post-accident financial situation. While families need to analyze their own finances to figure out how they can weather the storm, there comes the point when families simply need money to keep them afloat until they can receive their settlement. Fortunately, this is exactly how USClaims may be able to help.