Motorcycle Accidents

The Cost of Motorcycle Accidents

These accidents often result in hefty medical bills, lost wages, and pain and suffering for the person injured. It’s estimated that the total cost resulting from motorcycle accidents totaled $16 billion in 2010. However, since that number fails to account for long-term care costs, many believe the actual number to be much higher.

According to Government Accountability Office data, a non-fatal motorcycle crash’s average emergency and ICU treatment costs are between $2,500 and $1.4 million per incidence. The average hospital stay generally totals about $17,700.

Motorcycle accidents can leave you with extensive bills, not to mention insurance premiums, the threat of lawsuits, and future medical costs. For this reason, it’s imperative to have an experienced motorcycle accident lawyer on your side, fighting for the justice you deserve.

What Does a Motorcycle Accident Lawyer Do?

Hiring an experienced motorcycle accident injury lawyer to represent you following a crash is crucial. These attorneys play a pivotal role in securing compensation for your injuries. After your crash, insurance companies representing the involved parties will likely contact you. Some may attempt to persuade you to make payments, cover the damages of other involved drivers, and more. However, you’re likely facing significant costs yourself. You may also be left with a bill to fix or replace your bike.

Don’t let insurance firms or attorneys for the opposing side intimidate or coerce you into making payments. Always speak with a motorcycle accident attorney first. We can get to work immediately investigating the crash and filing a suit to seek a financial settlement.

At Kanner & Pintaluga, we represent clients in negotiations with insurance companies and in court if necessary, ensuring their rights are protected. Here’s what a motorcycle accident law firm does.

Claim Filing

Our legal team will handle all paperwork regarding your insurance claims and lawsuits. This helps ensure that all paperwork is filed correctly and on time.

Investigation

Sometimes, what appears to be a simple case is anything but. We need to look into the cause of your motorcycle accident and the actions of the other parties to help determine true liability and responsibility. During this phase, a motorcycle accident lawyer gathers evidence, contacts witnesses, and consults with experts to get as much information as possible.

Damage Assessment

Determining what a claim is worth on your own can be challenging. You may be entitled to more damages than you assume. For this reason, hiring a motorcycle accident injury lawyer is essential.

We’ll look at things like medical bills, prognosis and projected medical costs, lost wages, pain and suffering, and more to help determine the appropriate total compensation to pursue. Other important financial aspects include transportation costs, physical pain, loss of quality of life, and more.

Negotiation, Mediation, and Dispute Resolution

More than 95% of all personal injury cases in the United States settle without ever seeing the inside of a courtroom. Just 5% of all cases ever make it to trial. Our attorneys will negotiate with insurance companies and the opposing party to secure a fair settlement, ensuring you don’t get less than you deserve.

Litigation

Sometimes, personal injury cases like motorcycle accident injuries do proceed to trial. The attorneys at Kanner & Pintaluga are ready to fight for you in front of a jury. We will represent your best interest for the trial’s duration, helping maximize your chance of payout and the amount of your total claim.

Why Hire a Motorcycle Accident Attorney?

Why should you hire a motorcycle accident attorney? The days, months, and even years following a crash can be stressful. Not only are you dealing with the financial aspects of an accident, but also the physical and emotional parts, too. Many people feel overwhelmed, sad, confused, or unsure of where to turn and what to do.

We’re here to help you minimize the amount of stress you experience following a motorcycle injury and help protect your rights, getting you substantial compensation. There are a few key reasons to hire a motorcycle accident attorney.

Maximize Your Compensation

An attorney’s knowledge and expertise are truly invaluable. With decades of experience negotiating and litigating for motorcycle accident claims, having the right lawyer can help maximize your settlement amount.

Sometimes, hidden fees and costs are associated with an accident or injury that you may not think to claim. For example, if you had to hire childcare or help complete daily tasks around the house due to your injury, you might be entitled to compensation for those expenses. Claims cover not just your motorcycle but any personal property destroyed in a crash. For example, you may have had an expensive laptop in your backpack, and it’s now ruined. You can file a request for reimbursement for the laptop’s cost.

Other valuables riders sometimes lose in motorcycle accidents include expensive jewelry, motorcycle clothing and gear, helmets, and more. We can include all these items’ total costs in your final claim.

Dealing with Insurance Companies

Your insurance company will be involved in your claim, no matter what. Another thing to consider is the other party’s insurance company if a second vehicle was involved in the crash. If any property damage occurs, a third party may enter the picture with their insurance representatives. Sometimes, cities or states get involved depending on the accident’s location.

Dealing with all of these insurance companies can be daunting and tedious. It’s something you should never do alone. At the end of the day, insurance companies are out for themselves and are not interested in what’s best for you as the injured party. They may try to coerce you to accept low settlement offers, or even get you to pay.

An experienced motorcycle accident attorney will deal with insurance companies on the rider’s behalf. We will handle all paperwork and correspondence with involved representatives, fighting for your best outcome. This allows you to focus on your healing and recovery.

Investigation and Gathering Evidence

The team at Kanner & Pintaluga consists of nearly 100 attorneys and their legal teams. This gives us vast resources and access to experts and consultants you may not otherwise have throughout a case. Many people are unaware that attorneys do much more than fight claims in court. A good motorcycle accident lawyer also investigates the accident scene, interviews witnesses, and collects critical evidence to benefit the case.

Experts we may consult with regarding your case include:

• Doctors, surgeons, physical therapists, and chiropractors. To understand your current injuries and any potential impact these injuries may have on your future.
• Accident reconstruction experts. To analyze evidence like skid marks, vehicle damage, and witness statements to reconstruct the accident sequence and identify potential causes of negligence.
• Financial experts. To calculate your potential financial losses from medical expenses, property damage, lost wages, and diminished earning capacity.
• Mental health professionals (therapists, psychiatrists). To help determine the extent of your pain, suffering, and emotional distress. Many motorcycle accident victims find that they experience PTSD, depression, anxiety, insomnia, and more.
• Liability experts. This will help determine which party was at fault in the accident and the extent of possible negligence.
• Highway and road safety experts. To help assess and explain the impact of traffic and road conditions on the accident and resulting injury.
• Vocational experts. To help explain the extent to which your injuries can impact your job, earnings, and livelihood.

Legal Representation

Legal representation is the main reason people seek the help of motorcycle accident law firms. You need a team ready to fight for you in and outside the courtroom. While most personal injury claims are settled in negotiation and mediation, there are times when cases move forward to trial.

Common Motorcycle Accident Injuries & Compensation

Motorcycle accidents can result in a wide range of injuries, from minor cuts to life-threatening conditions that require long-term medical care. Understanding the types of injuries and the potential compensation available through a lawsuit is crucial for anyone seeking justice and financial recovery after a motorcycle crash.

The most common motorcycle accident injuries include:

• Spinal cord injuries
• Bone breaks and fractures
• Road rash
• Contact burns
• Facial trauma
• Head injuries and traumatic brain injuries
• Internal injuries and bleeding
• Muscle damage
• Cuts, scrapes, and lacerations
• Hemorrhages
• Organ damage
• Neck injuries
• Psychological trauma

The scope of these injuries can range from minor to severe. In the best cases, riders get up and walk away from an accident. At worst, riders can end up with extended stays in the ICU or injuries that lead to death. Sometimes drastic measures like amputation are necessary, while other times, riders are left paralyzed. Regardless of your injuries, seek compensation to help you deal with your financial burden.

Motorcycle Accident Lawsuit Compensation

The average compensation for a motorcycle injury varies by state and case but is typically between $10,000 and $100,000. However, settlements can range from minor to significant depending on the specific injury and the circumstances of the event.

Several factors impact the amount of a settlement payout, including:

• Severity of injury
• Permanency of injury
• Long-term effects of injury
• Cost of medical bills
• Amount of lost income
• Liability

Those with more serious injuries, likely to impact their quality of life into the future, are more likely to see larger payouts. Similarly, those with higher medical bills and more lost wages will likely see an increase in their settlement amount. Your payout may be higher if you’re a victim of another party’s negligence.

Another significant contributing factor to the settlement amount is the experience and quality of the motorcycle accident law firm representing each victim. Experienced firms tend to see much higher payouts than smaller, less knowledgeable attorneys.

Steps to Take After a Motorcycle Accident

After a motorcycle accident, taking the proper steps is crucial for your safety, well-being, and legal case. First and foremost, you should always seek immediate medical attention to ensure that you are safe and cared for. Once the immediate danger passes, it’s time to take swift action and work on your claim.

Step One: Seek Medical Attention

Always seek medical attention immediately following a motorcycle accident, even if you have no apparent injuries. Sometimes, the extent of an injury is not immediately recognizable. It’s common for symptoms and pain to present up to a few days later. Still, you must get medical attention at the scene of an accident. This means calling the police and paramedics immediately. Never refuse medical service.

If EMS recommends you go to an Emergency Room, go. Follow the doctor’s orders and recommendations, including those for follow-up care. Keep all medical documentation, including after-visit summaries, visit notes, discharge plans, referrals, pharmacy paperwork, and more. Keep all receipts and bills, as these will be vital to your claim.

Step Two: Report the Accident

If you haven’t done so, file a police report regarding the accident. If you’re immediately taken to the hospital via ambulance, you likely do not have time to speak with police or investigators. However, having a police report is a crucial step in the process. Doing so is essential for documenting the incident and determining fault, which can support your case later.

Step Three: Don’t Admit Fault

Many feel obligated to say, “I’m sorry,” or “It wasn’t your fault,” in the face of an accident. We advise that you never do this. You must not admit fault for the accident, particularly to police or EMS, as they may later be used against you. Instead, let your attorney and the authorities investigate the cause of the accident.

Step Four: Gather Evidence

When seeking a free consultation with a motorcycle accident law firm, it helps to have as much evidence at your disposal as possible upon your initial meeting. This can help the law firm decide whether or not to take your case and provide you with an estimate regarding your potential settlement.

Pertinent evidence includes police reports, medical reports, photos of the accident and your injuries, and other relevant details. If you have the contact information for any witnesses or involved parties, this is helpful, too.

Step Five: Notify Your Insurance Company

Later in the process, we’ll handle everything with the involved insurance companies, but you need to notify them of the accident. However, be cautious and conservative when discussing details. Do not admit fault for the accident, and stick to the facts. Some riders may consult with an attorney before contacting their policy carrier.

Step Six: Speak with a Motorcycle Accident Lawyer

Schedule a free consultation with a motorcycle accident injury lawyer as soon as possible. We’ll advise you on the next steps, help protect your rights, and ensure you receive the compensation you deserve.

Next Steps: Follow-Up

Once your lawyer gets the ball rolling on your case, follow their advice and guidance to the best of your ability. Doing so can help maximize your payout. Additionally, it’s crucial to continue following all doctor’s orders. Attend all medical appointments and follow your doctor’s instructions carefully. This documentation of your injuries and treatment will be vital for your case.

Then, start to log and track your incurred expenses. Record all medical bills, rehabilitation costs, and any other expenses related to the accident, such as lost wages. Please don’t accept any offers from insurance companies or private parties without discussing them with your attorney.

How to Choose the Right Motorcycle Accident Lawyer or Attorney

Choosing the best motorcycle accident lawyer to represent you throughout the claim process is the best way to maximize your potential settlement. Remember, many personal injury law firms will provide free consultations. That means there’s no cost to you to get legal advice as a point of reference before making your final decision.

Questions to Ask a Motorcycle Lawyer

Ask these questions to potential lawyers and law firms before deciding on representation:

• How long have you been in practice?
• What experience do you have with motorcycle accident cases?
• What is your average payout on motorcycle accident settlements?
• Do I have to pay you upfront, or do you take your legal fees from the final settlement?
• How long do you see this case taking?
• Do you see this case going to trial, or are you confident we can settle out of court?
• Are there any potential problems you see arising with this case?
• What is your track record of success both in settlement negotiation and out of the courtroom?
• Who will be my main point of contact throughout the case?
• Do you have access to premier experts and consultants to help my case?
• Do you believe I have a favorable outcome in winning a settlement?

Motorcycle Accident Laws & Statutes of Limitations

Like all lawsuits and personal injury cases, motorcycle accidents have a statute of limitations. A statute of limitations is also known as a prescriptive period and “sets the maximum time after an event within which legal proceedings may be initiated.” In other words, it’s how long after the accident you must file a claim.

In many states, the statute of limitations on a personal injury case is two years. However, other states see statutes of limitations that may reach three or five years or more based on extenuating circumstances. For this reason, it’s essential to contact a motorcycle accident lawyer quickly for advice.

Since Kanner & Pintagula practices nationwide, we’re familiar with the restrictions in each state and can provide guidance.