Motorcycle accidents make up a considerable part of all traffic crashes. Some of the contributing causes include driver negligence and failure to obey traffic laws.
Whether you get hit by a small car or truck or collide with an immobile object, severe injuries are likely to be severe. You can recover damages if your accident occurs because of another party’s negligence. A Franklin motorcycle accident lawyer can help you with the claims process.
The Process of Determining Liability in Your Case
Establishing liability in a motorcycle accident case means showing the other party is at fault for your crash. You must show they are responsible for obtaining compensation. The foundation of establishing liability involves showing negligence. Failure to demonstrate negligence may hinder your case.
There are a variety of factors involved in establishing negligence:
- You must show that a duty of care existed on the part of the defendant
- You must show that the at-fault party disregarded their duty of care
- You must demonstrate that an injury resulted from their breach of legal duty
- You must show that the injury led to damages on your part
A Franklin motorcycle accident lawyer can help you establish liability by proving that the defendant was negligent. A lawyer can collect proof to demonstrate negligence. Evidence is crucial in supporting your claims and obtaining compensation. Our attorneys have over 400 years of combined legal experience. We can use this experience to defend your case and help you receive fair compensation.
For a free legal consultation with a motorcycle accidents lawyer serving Franklin, call 800-333-9999
Seeking the Help of Experts
You may need the help of experts in your motorcycle accident case. Experts are exceptionally skilled in their professions due to their training and experience. They can use their expertise to evaluate your case. They can then give insights that help your insurance claim process or civil suit.
A medical professional is one such expert who may help in your motorcycle accident case. A claim usually includes compensation for the treatment of injuries suffered. A doctor can attest to the severity of your injuries and the care you require to recover.
You may also require the assistance of a crash reconstruction expert. Their expertise can help solve any difference of opinion as to which party caused the crash. Their skillset allows them to analyze the collected proof to establish how the crash happened. A motorcycle accident lawyer knows where to find such experts. An attorney also has the resources to pay for such services.
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How a Lawyer Can Establish the Value of Your Claim
Once a lawyer evaluates your case and establishes it is viable, the next question is what it is worth. There are various factors involved in estimating the value of your claim. There must be a determination of what damages to include in your claim.
Economic damages include:
- Money spent on treatment
- The estimated cost of future medical care
- Lost wages
- Lost earning capability
Non-economic damages include emotional anguish, loss of enjoyment of life, and pain and suffering. If your family member succumbed to a motorcycle crash, you could claim damages for their wrongful death. Such damages are awarded to compensate for the impact that the deceased’s loss has on your life. It also helps you cater to accident-related costs such as pre-death treatment and funeral costs.
The amount of compensation also depends on the extent of your injuries. Whether you heal or have a permanent disability can also play a role in estimating your claim’s worth. A motorcycle accident lawyer considers all the factors in evaluating your claim’s value.
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Dealing With the Insurer
Your conversation with an insurance adjuster after a motorcycle accident plays a significant role in your claim. The insurance company aims to maximize its profit by giving you a low settlement. The information you provide may provide them with the ability to achieve their goal. Therefore, you should be very careful about what you say. A golden rule is to practice honesty but never give your opinion. Only provide facts.
A lawyer can help you deal with the insurance company. If you enlist their help, an attorney can send a demand letter to the insurance provider. It also includes the claim amount. If the insurer does not agree to this amount, they may offer you a different one. Often, this counteroffer is low, and you may have to deny it.
Your Franklin motorcycle accident lawyer can then negotiate with the insurance company on your behalf. Attorneys know the ins and outs of insurance company regulations and can use this knowledge to help your claim.
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Safeguarding Your Chances of Compensation
Most of the time, people prefer to settle out of court since it is usually less expensive. However, you may fail to reach a settlement agreement with the insurance provider in some cases. Thus, you may have to file a civil suit. According to Indiana’s statute of limitations, you have two years to file a lawsuit after a motorcycle accident.
A lawyer can help the insurance claim process go faster to leave you enough time to file a lawsuit if you cannot settle. In doing so, they can safeguard your chances of recovering damages.
Call a Franklin Motorcycle Accident Lawyer Today
Getting help from an attorney may prevent you from accepting a lower offer than you deserve. Call a Franklin motorcycle accident lawyer today to discuss your case and estimate what your claim may be worth.
Call or text 800-333-9999 or complete a Free Case Evaluation form