How can my settlement be affected in a negative way?

Legal Tips and Resources

If you have been injured in a motorcycle accident, you may be thinking about taking legal action. Perhaps you will require extensive medical treatment now and well into the future. You might even be depending on a settlement or verdict in your favor. 

Educating yourself about the legal process and what you can expect is a good idea as it can help you to understand these types of claims. That being said, there is nothing better than asking a motorcycle accident lawyer for further assistance and advice. 

How Your Case, and Settlement, Can Be Affected During the Claims Process

A motorcycle accident case will likely be filed under the scope of personal injury law. In these cases, the extent of your injuries and associated financial losses will formulate the foundation of the claim and its’ worth. A motorcycle accident lawyer might also consider:

  • Whether you were in any way responsible for the accident?
  • The amount of insurance coverage available in the policy
  • Who the defendant is (i.e. an individual, corporation, government agency, etc.)
  • Whether your case may go to trial

Approximately 95% of all cases will reach a settlement through negotiations and never see a courtroom. Before a settlement can be negotiated, a lawyer will review your losses. In general, a settlement cannot be reached until all of your losses are known. This means you will need to complete treatment, or know what is needed for your future treatment. 

  • Your medical treatment
  • Prospective treatment
  • Loss of income
  • Lost wages
  • Pain and suffering 
  • Mental anguish
  • Loss of consortium

Some of these losses are easy to calculate; however, others, such as pain and suffering are more difficult. With the right motorcycle accident lawyer on your side, you can feel reassured in knowing your case is in good hands. 

Now that you have a better understanding of the types of damages available, you should know that the amount you recover can be affected by engaging in certain actions or behaviors. The following are things you should take into consideration prior to filing a claim and during the claims process.

  • Make sure you call a motorcycle accident lawyer as soon as possible. 
  • Do not avoid getting medical attention. 
  • Keep a record or log of all the events that unfold after the accident.
  • Avoid speaking with the other party’s insurance company until you have spoken with a lawyer. 
  • Follow your doctor’s orders. 
  • Avoid posting anything about the accident on social media. 
  • Do not sign anything before a lawyer reviews it. 
  • Be honest with your doctor about any new changes in your pain or injuries. 

It is important to emphasize the very fact that there are deadlines to these types of cases. If you miss the opportunity to file a claim, you will likely lose the ability to do so. Every state has its own statute of limitations; however, the average is two years from the date of the accident. There are circumstances to these deadlines; therefore, the sooner you get advice from a motorcycle accident lawyer, like a motorcycle accident lawyer in Chatsworth CA, the better. 

Thank you to the experts at Barry P. Goldberg for their insight into motorcycle accidents.

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