Motorcycle riders run the risk of serious injury when they’re out on the road. Even seemingly minor accidents can cause devastating injuries to the rider. Oftentimes, the other driver may be at fault for the accident. Or, in a no fault insurance state like New Jersey, you may be battling the insurance company for fair compensation for your injuries. If you or a loved one has been injured in a motorcycle accident due to someone else’s negligence, you may be entitled to compensation for your injuries through a motorcycle accident lawsuit.
Right to Compensation
Like car crashes, motorcycle accident lawsuits are filed using what’s known as negligence under the law. All drivers have a duty or obligation to operate their vehicles in a safe manner. Yet, in two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and may be found to be negligent. When another driver is negligent and causes an injury accident, it may be possible to file a lawsuit to seek compensation for your losses.
Other drivers are not the only possible negligent party in a motorcycle lawsuit. If the negligent driver was operating a work vehicle or truck, the business owner could bear some responsibility for the accident, depending on the circumstance. In some instances, the motorcycle manufacturer could be held liable or at-fault for the accident. Every motorcycle accident is different and liability can be complex to determine. The best way to figure out who may have legal liability is to speak with an experienced motorcycle accident lawyer right away.
Deadline for Filing a Lawsuit
Each state has their own deadline, or statute of limitations, for filing a lawsuit for personal injury. In New Jersey, injured victims have 2 years from the date of the accident to file a claim. Generally, lawsuits filed after this time period will be dismissed by the court unless you can prove extenuating circumstances (like the onset of injuries) prevented you from filing.
While two years may sound like plenty of time to file a lawsuit, there are several factors at play that can affect how long a motorcycle lawsuit takes:
Severity of Your Injuries
When you file a lawsuit after a motorcycle accident, you should have a medical prognosis for your expected outcome. In cases of serious injury, it may take some time to understand the severity of your injuries and what’s required for rehabilitation and ongoing care. Until you know your treatment plan and the permanency of your injuries, you will not know how much compensation to seek to cover your costs.
Building a Case
Your motorcycle accident lawyer will need time to collect evidence and build a strong case to advocate for your claim. The attorneys at Brandon J. Broderick, Attorney at Law, routinely build a case by:
- Contacting and interviewing witnesses
- Collecting and reviewing electronic evidence
- Reconstructing the accident
- Consulting with experts who can provide testimony to your injuries and expected outcome
The stronger the case and evidence, the better chance of receiving the maximum compensation amount.
Negotiating with the Insurance Company
A motorcycle accident lawyer will spend time negotiating with the insurance company to settle your claim. These negotiations can take time; and, time can be used as a negotiation tactic. If a fair settlement can’t be reached, the lawsuit proceeds to trial by jury or judge.
Keep in mind, In the immediate aftermath of an accident, insurance companies may offer you a settlement. Don’t accept an early settlement offer that is likely too low to cover your costs. Once you accept a settlement offer, you cannot go back to seek additional compensation.
Do You Need a Lawyer for a Motorcycle Accident Lawsuit?
If you experienced severe injuries, believe the accident was caused by another person’s negligence, or were hurt through no fault of your own, you should consult a motorcycle accident lawyer about your case. By having legal representation, your lawyer will handle all communications with the insurance company on your behalf and work toward securing a fair settlement for your motorcycle accident. Why risk being unfairly compensated and not having recourse to fix it?
When you hire a motorcycle accident lawyer from Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Don’t wait, contact us today for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.