When you are in need of compensation for your medical expenses after a motorcycle accident, it is important to know the steps that should be taken. This article will provide information on what steps should be taken in order to receive this type of compensation. It will also discuss the importance of hiring an experienced lawyer and how to go about collecting evidence when filing a claim or lawsuit against the at-fault party.
Step One: Hire A Lawyer
A law firm experienced in these types of cases can best determine who was negligent and how much money you can expect to receive as a result of your injuries. You probably don’t know the first thing about motorcycle litigation in Tampa, or how to file an insurance claim? They are there to help you. Additionally, most personal injury lawyers work on contingency, which means that there are no upfront costs to hire them, which means that you don’t have to pay for their services unless your case is won.
Step Two: Determine Who Was At Fault For The Accident
In order to receive any form of compensation from the other party involved in your motorcycle accident, you first have to determine who is at fault for the collision. This differs from state to state. This is why you need to seek legal advice on how to proceed. Look at this example:
In California, there are two primary ways that this can be determined: negligence and comparative fault.
If one party was more at fault than the other:
If one party is found to be negligent by more than 50%, then they will be responsible for 100% of the damages sustained, as they have a higher level of comparative fault. For example, if you were determined to be negligent (meaning that your lack of attention caused the accident) and/or at fault for an accident in which someone else was injured, then you would likely still receive some compensation from the other party’s insurance company; however, this amount would likely not cover all of your medical expenses and economic losses.
If both parties were responsible for the collision:
If a party is found to be more than 50% liable for an accident, but another person involved in the collision also contributes to it with his or her own negligence, then each party can be said to have been equally negligent and share comparative fault. Therefore, both parties would split their responsibility on a 50/50 basis. For example, if both parties are found to have been responsible for an accident in which they collided with one another, then they would split the total liability on a 50/50 basis.
If neither party was at fault:
If a court determines that neither party was negligent/at-fault, then they would proceed on a shared 50% basis. This means each party would assume responsibility for half of the medical bills incurred, as well as half of any economic losses (i.e., lost wages).
Step Three: Collect And Preserve Evidence
The next step would be to collect and preserve any possible evidence. This means taking pictures of the accident scene, obtaining witness statements, and preserving all clothing worn/damaged in the accident. These items will likely be needed throughout the entire process (i.e., during potential hearings/mediation), so it is important to make sure they are not lost or destroyed; otherwise, you run the risk of missing out on compensation as a result.
Step Four: Obtain Receipts For All Medical Bills
Every medical bill should be obtained before proceeding with any claim for compensation after an injury resulting from a motorcycle accident. Each medical provider should be willing to provide a patient with a receipt that includes the date, type of procedure/test done, and charges for said medical services.
Step Five: Contact The Insurance Company Of The At-Fault Party
Now is when you will contact the insurance company of the party at fault for your accident. The other party’s insurance company may offer its own settlement, or it might not offer anything at all. In either case, if you believe their proposed amount is insufficient, do not get yourself involved in a war of words with them. Instead, continue to gather information while being patient because this process can take some time (i.e., months).
Step Six: A Claim Or Lawsuit Against The At-Fault Party Is Filed
If the insurance company of the party at fault for your accident does not offer a settlement that you feel is appropriate, then you can choose to move forward and file a claim or lawsuit against them. However, before doing so, it is likely best to first consult with an experienced personal injury lawyer.
If you are injured in a motorcycle accident, it is important to know how much compensation you may be entitled to receive. If the other party was negligent or at fault for an accident involving injury, and they have insurance coverage, then there’s a chance that their insurer will compensate you with some of your medical expenses and economic losses.