A Morse motorcycle accident lawyer assists motorcycle accident victims in their cases. They can help them file lawsuits and claims against the responsible party and file for compensation. This allows the injured party to deal with their recovery without worrying about medical expenses.
Filing the claims requires establishing the responsible party and claiming damages against the at-fault party. How is this done, and how long do you have to file a claim? Read on to find out.
Who Bears Responsibility in a Motorcycle Accident?
The law determines liability in motorcycle accident cases using the principle of negligence. Negligence refers to a person’s careless or thoughtless behavior that harms or causes injuries to someone else. All drivers need to follow road and safety rules to avoid injuring other road users, and a driver who doesn’t is considered negligent.
A motorcycle accident could result from one driver’s negligence, but sometimes the negligence applies to more than one party.
The motorcycle rider can even act negligently. An example is a motorcyclist driving under the influence. This could cause the driver to swerve suddenly in front of a car, resulting in a crash. In such cases, the motorcycle driver is the negligent one, and they are legally liable to cover the other driver’s damages.
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Establishing Liability
A Morse motorcycle accident lawyer can use at least four ways to prove a driver’s negligence. You, as the plaintiff, and your lawyer need to show that:
- The other party’s negligent behavior caused the accident and your injuries.
- The law requires both drivers to be careful when using the road. All motorists have a duty of care to other road users.
- The responsible party was not careful. Your lawyer compares the defendant’s behavior with that of a reasonable person to prove that there was a breach of duty of care.
- You, as the plaintiff, suffered injuries or other losses. You cannot be able to recover anything if you do not have any damages, even if you prove that the defendant was careless.
Your lawyer can need to gather evidence about the accident and the extent of your injuries to prove that your injuries were from the accident. Some of the evidence a Morse motorcycle accident lawyer needs to prove liability includes:
- Footage of the accident and the accident scene
- Eyewitness statements
- Hospital records showing your injuries and the cost of treating the injuries
- Property damage from the accident
- Police records and statements
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Damages You Can Recover
You could be entitled to compensation from the at-fault party for the injuries you sustained from the accident. The severity of the injuries can determine how much compensation you can receive. A Morse motorcycle accident lawyer can help you collect evidence and file the necessary personal injury lawsuit to aid in recovering damages.
Some of the damages you can recover are:
- Past and future medical expenses
- Lost income because of the time off from work while recovering
- Property damage
- Loss of future earnings
- Emotional distress
You can also file for pain and suffering damages. These cover any embarrassment or loss of independence from the injuries. A lawyer serving the Morse area can look at your losses and calculate a compensation amount.
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Wrongful Death Damages
Some motorcycle accidents result in fatalities. If you lost a loved one, you could reach out to our Morse motorcycle accident lawyer to help you pursue a wrongful death lawsuit against the responsible party. Your lawyer assists in seeking damages, such as:
- The decedent’s medical expenses
- Funeral costs
- Loss of income if the decedent was an income-earner
- Loss of companionship
- Their pain and suffering before dying
Putting a monetary value on a person’s death is not easy, but your lawyer can help you with it. They can ask for help from accountants and medical experts to see how much compensation you can receive. They can also look at all the damages to ensure you get a clear picture of what you deserve.
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Settlement Negotiations
A Morse motorcycle accident lawyer does the negotiations with the other party or the insurance company to ensure you get a fair settlement. It is also essential for you to know the estimated compensation amount beforehand. This helps you know what kind of settlement you should expect and alerts you when the insurance company tries to shortchange you.
The negotiation process can be long, with both parties trying to do their best for their clients. The insurance company and the at-fault party can do all they can to ensure they pay you the least amount possible. It is best not to face the insurance company without legal representation. Negotiating without a lawyer could lower your chances of successful negotiations and leave you with a lowball compensation amount.
Our Attorneys Are Waiting for You
A Morse motorcycle accident attorney from Laborde Earles is waiting for your call. We can schedule a free consultation with no obligations, and we work on a contingency fee basis, meaning you only pay us once we get you results.
Our experience with previous verdicts and settlements shows that we put in the work for our clients, and we can do the same for your case. Call today and start working on a case with one of our attorneys.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULATION
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