There’s nothing quite as soul-quenching as being atop two wheels and an engine. With each passing mile, your stress slowly melts away, and you can finally experience bliss from your hectic life. Unfortunately, a careless driver can take your peace away in a moment, causing injury to both your ride and your body.
Railroad City bikers who’ve been involved in a crash should contact a motorcycle injury lawyer to learn what their rights are. Regardless of where you live, if you’ve been injured due to a neglectful driver, knowing how to proceed legally can help to ease your pain. Once you’re on the mend, the next step is to be compensated for your injuries.
Do I Need To Hire A Motorcycle Injury Lawyer To File A Claim?
Indiana personal injury laws can be complex and difficult to navigate for the novice. Without a strong understanding of the law and its nuances, your claim could be denied. Even if the negligent driver’s insurance company is offering you a quick settlement, more than likely, you’re leaving money on the table.
The statute of limitations for a personal injury lawsuit in Indiana is two years. If you haven’t gathered the proper evidence and filed a case within this short timeframe, you’ll have lost your right to compensation for your injuries. Working with an experienced personal injury attorney ensures your case will be filed properly and on time.
If the accident occurred while you were lane splitting, this adds another dimension of difficulty to your claim. Indiana law prohibits this common practice of bikers, and only an experienced motorcycle injury lawyer can advise you on how to proceed with a case like this.
What Will a Motorcycle Injury Lawyer Do To Help Me Win My Case?
With so many different requirements for filing a personal injury claim, your lawyer and their team of experts will handle almost everything for you. Your responsibility will be to provide your lawyer with the information they need while you tend to your injury recovery plans. Without a legal team working for you, you’d likely have too much on your post-accident plate to attend to everything.
Gathering of Evidence
You’ll need to prove two things to file a successful personal injury lawsuit. The first is that due to the fault of a careless driver, an accident occurred. The second is that you’ll need to prove that you sustained serious bodily injury as a direct cause of the accident. To prove both, your attorney will gather evidence to support your claims.
Your lawyer will gather different types of evidence to prove the driver was negligent. This can include:
- Police accident reports
- Eyewitness statements
- Accident photos
- Surveillance video (if possible)
Also required is proof of your injuries. Your legal team can assist with collecting documents to prove your injuries and your current and future financial burdens. Typical evidence gathered is:
- Emergency room intake and discharge papers
- Medical bills
- Doctor’s notes and prognosis
- Medical reports such as X-rays, scans, and lab results
- Expenses for traveling to and from medical visits
- Receipts for out-of-pocket expenses for OTC pain medications or necessary medical devices
- Proof of loss of income from your employer
Filing of the Lawsuit
Once your lawyer has gathered the required evidence, they’ll begin filing the lawsuit. The petition will include the accident details, who is held responsible, and the damages you seek. This document will be filed with the Indiana court, with a copy sent to the defendant. After allowing the defendant to respond, the case is considered officially filed.
Negotiating a Settlement
Now that your personal injury claim has been filed with the court, the case’s discovery phase can begin. During this sometimes time-consuming process, both legal teams will present evidence to each other in the hopes that a mutual agreement can be reached.
The defendant’s team may offer an out-of-court settlement during the discovery phase. Their first offer is rarely adequate, highlighting the necessity of having a lawyer fighting for you to receive the maximum compensation.
If an agreement cannot be reached, both legal teams can agree to move forward with either mediation, arbitration, or a combination of both. If these methods prove fruitless, the case will go to trial. Fortunately, most personal injury cases are resolved during this phase of the case.
The Role Of A Motorcycle Injury Lawyer Explained
A motorcycle accident is never a pleasant experience and can cause physical and emotional scars that can last a lifetime. Working with an experienced personal injury attorney is key to receiving the maximum compensation for your injuries. They’re paid contingently, so you won’t have to put up any cash to have the best legal counsel available. Don’t attempt a motorcycle injury lawsuit without having a professional by your side.