After sustaining injuries in a motorcycle accident caused by another party's negligence, it's in your best interests to seek legal representation as soon as possible. Your insurance may cover some of your losses, but a personal injury claim against the at-fault party is the best way to protect your financial future.
Let You Focus Fully on Your Recovery
Motorcycle accidents often result in serious injuries, including traumatic brain injury (TBI), neck injury and back injuries, and spinal injury. These conditions require extensive rehabilitation and therapy. You may also be struggling with anxiety, depression, PTSD, or other mental health symptoms related to the trauma of the accident.
When you hire a motorcycle accident lawyer, he can handle the communication with the insurance company on your behalf. This allows you to direct your full attention on following your doctor's treatment plan.
Advocate for Your Interests
Insurance companies are focused on making a profit. Whether or not your settlement adequately compensates you for all of your accident-related expenses is of no concern to them. Without an experienced motorcycle accident lawyer on your side, you risk being offered a settlement that's far too low to pay for all your necessary expenses.
Caution Against Common Mistakes
Personal injury law is complex, which means you can accidentally damage your case without knowing it. Consulting a motorcycle accident lawyer can help you avoid the most common mistakes such as allowing your statement to be recorded or signing papers you don't fully understand.
Negotiate a Lower Percentage of Fault
Louisiana's comparative fault system allows you to still collect damages in a personal injury claim even if you're partially at fault for the accident that caused your injuries. However, your settlement is reduced by your percentage of fault.
If you're partially at fault for the accident, a lawyer's negotiation skills are essential to protecting your right to a fair settlement. There is no set formula that is used to determine fault percentage in a personal injury claim, so your lawyer can increase your compensation by arguing on your behalf for a lower percentage of fault.
A lawyer's negotiation skills will be particularly helpful if you weren't wearing a helmet at the time of the motorcycle accident. Being in violation of the state's mandatory helmet law will cause the defendant's attorney to argue that you're partially at fault for your injuries, but your lawyer may be able to argue that helmet use is irrelevant because a helmet wouldn't have prevented your injuries.
Document Your Expenses
Your motorcycle accident lawyer can help you document the reimbursable damages in your case. These include:
- Medical expenses and disability related to future medical needs
- Lost wages and loss of future earning potential related to your motorcycle accident disability
- Pain and suffering, including both physical pain and emotional trauma
Expenses you've already incurred can be documented with bills, invoices, and pay stubs, but future expenses will require your lawyer to locate expert witnesses who can testify on your behalf. These experts can help to estimate your future medical expenses, as well as the value of any lost future earning potential.
Prove Necessary Elements of Your Case
To receive compensation for your accident-related expenses, you must be able to establish negligence. Your motorcycle lawyer can help you establish the four necessary elements of a successful claim:
Duty of care
The other party had a duty to act in a way that reduced the risk of injury to himself and others.
Breach of duty
The other party did not live up to expectations for safe behavior while driving.
You suffered injuries and other related damages.
Your damages are the result of the defendant's negligence in causing the accident.
Have You Been Injured In A Louisiana Motorcycle Accident?
If you or a family member has been injured in a motorcycle accident you need to speak with an experienced motorcycle injury attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.