Motorcycles are a fun and risky mode of transportation. It doesn’t provide the safety that a car offers. But still, many prefer to ride a motorcycle for the thrill it offers.
With less safety comes a great risk. When a motorcycle is hit by a car, the motorcyclist will sustain serious injuries. It will cause many losses that the victim can recover by filing a motorcycle accident claim.
However, winning a personal injury claim can be hard for motorcyclists because of motorcycle bias. If you want to learn how to win a motorcycle accident claim, then this blog post is for you.
When can you file a claim?
First things first, you need to know the legal rights to file a claim. You are eligible to file a claim only when the following four elements are satisfied:
- The other driver must have owed a duty of care to you
- The at-fault party must have breached the duty of care they owe to you
- The at-fault party’s negligence should have been the cause of the accident
- You must have sustained losses as a result of the accident
The above four are elements of personal injury law. These elements are what you need to prove in an accident claim.
Determining fault
The first step in a personal injury claim is determining fault. A proper investigation can help you zero in on the at-fault party.
By conducting a proper investigation, you can collect evidence relevant to the case.
Photo and video evidence can prove duty of care and breach of duty of care. Without a liable party, you cannot file a claim.
Statute of limitations
The statute of limitations is the rule that governs the time period within which the victim can file a claim.
Once the statute of limitations expires, the victim cannot take any action. This is why you should file a claim as soon as possible. The statute of limitations is two years in most states.
The damages you can claim
In a motorcycle accident claim, you can claim two types of damages:
- Economic
- Non-economic
Economic losses are the financial losses the victim has incurred as a result of the accident. The following are some types of economic losses that victims suffer:
- Medical bills
- Lost wages
- Loss of earning capacity
- Property repair costs
Economic losses are pretty straightforward. It is easy to prove and compute these losses. You can prove these losses by documenting the expenses you incur as a result of the accident.
Non-economic losses are the emotional losses a victim suffers as a result of the accident. Below is a list of non-economic losses a victim may suffer:
- Pain and suffering
- Reputational loss
- Loss of companionship
- Loss of quality of life
- Emotional distress
- Disfigurement
Unlike economic losses, non-economic losses are quite hard to prove and compute. Lawyers use two methods to calculate non-economic losses:
- Multiplier method
- Per-diem method
Claiming non-economic losses is important, as sometimes emotional damages are worse than physical and financial losses.
Hire a lawyer
The best thing you can do for your case is to hire a lawyer. You must know that insurance companies won’t be willing to compensate you. In fact, their goal will be to reduce your compensation as much as possible.
They will also try to reject your claim. Insurance companies will employ many strategies to achieve their goal.
An experienced motorcycle accident attorney can protect you from them.
Motorcycle accident lawyers have extensive experience in dealing with insurance companies. So they know the different strategies insurance companies will use and can counter them effectively.
A motorcycle accident lawyer can help a victim in the following ways:
- Investigate the case
- Gather evidence
- Determine liability
- Assess the insurance company’s offer
- Negotiate with the insurance company
- Peace of mind
By hiring a lawyer, you can focus on your recovery, which is what you should be doing.
Final thoughts
A motorcycle accident can be devastating. You can greatly mitigate the consequences of the accident by filing a motorcycle accident claim. However, winning a motorcycle accident claim can be quite hard. Hire a motorcycle accident lawyer and let them handle your case. They will work on your behalf and achieve a favorable outcome for you. Hiring a good personal injury lawyer is the key to winning an accident claim.
