How can a motorcycle accident lawyer help with my compensation claim?

by Gina Corena

posted in Las Vegas Motorcycle Accident Attorney on April 17, 2022

How can a motorcycle accident lawyer help with my compensation claim?

When someone has been injured in a motorcycle accident, they often believe that they can handle the process of filing an insurance claim on their own. However, it is typically a better solution to find a motorcycle accident lawyer to help. There are several reasons for this including:

  • A motorcycle accident lawyer understands the law pertaining to liability
  • Lawyers have experience obtaining and evaluating evidence after an accident
  • A motorcycle accident attorney has experience negotiating with insurance companies
  • Hiring a lawyer means the injured person has someone working on their behalf
  • It allows the injured person to focus on their recovery
  • They will be prepared for a court trial in the event an insurer does not negotiate in good faith or denies a claim

Let’s look at what each of these points mean for those who are injured.

Understanding liability laws after a motorcycle accident

Before liability for injuries can be established, the following must be demonstrated:

  • The person who caused the injury owed the injured party a duty of care
  • The person who caused the injury breached the duty of care
  • The breach of duty resulted in the injury
  • Had it not been for the breach of duty of care the injuries would have been avoided
  • The injured party suffered a loss because of the injury

These are the basic elements which make up a motorcycle accident claim case. If someone does not have a basic understanding of Nevada law pertaining to accidents and liability, they could potentially jeopardize their claim.

Obtaining and evaluating evidence following a motorcycle accident

Following a motorcycle accident, witness statements should be obtained as quickly as possible. In addition, if there were any traffic cameras in the area, then this evidence could be lost if immediate steps are not taken to preserve the video from the date and time of the accident.

A motorcycle accident injury attorney can request a subpoena be issued, work with experts who understand how to perform an accurate accident reconstruction, and properly evaluate the evidence which was obtained on behalf of the accident victim.

Legal help when negotiating with insurance company adjusters

Insurance adjusters will likely call a victim shortly after an accident occurs. At the minimum they will contact each other as soon as they hear about an accident either from the victim or the responsible party. Once this occurs, there will be several issues which could arise:

  • Insurance adjusters may request a recorded statement — recorded statements should never be provided to an insurance adjuster.
  • They may send numerous documents — victims of an accident who suffered an injury should never sign any documents received from an insurer without having them reviewed by an experienced attorney.
  • Adjusters may make a fast settlement offer — when this occurs, the victim may be told the offer is the best one they will receive. This is seldom the case. When someone has suffered a serious injury, the sooner the insurer gets them to accept a settlement, the less the insurance company is facing in future losses.

Motorcycle accident attorneys have the experience, which is necessary to review any offers, documents, and help victims who suffered an injury protect their rights. Insurance adjusters have one goal in mind which is to protect their employer, the insurance company. This is in direct conflict to the interest of the party who suffered an injury.

Protecting the interests of a person injured in a motorcycle accident

When someone has been injured as a result of a motorcycle accident, they have certain legal rights. Insurance companies are not obligated to inform a person of those rights. In fact, insurers are hoping the person does not hire an attorney because the better informed the injured party is, the more likely they are to negotiate with the insurer.

Insurance companies do not want to negotiate a settlement. They know the sooner a claim is paid, the less liability they will have. Once a settlement offer is accepted by a motorcycle accident victim, the insurance company no longer has any obligation to cover any additional expenses including those for medical bills or lost wages.

When someone who has suffered a motorcycle accident injury, an attorney who has experience handling these types of cases understands the best time to file a claim. This is helpful because it may result in a better settlement for the victim.

Focusing on recovering from a motorcycle accident injury

The age, general health, and type of injury means every person who suffers an injury will take different times to recover. The overall trauma of an accident is different in every person and the road to recovery can be challenging. No person should have to deal with adjusters who are constantly trying to undermine their claims, the stress of trying to deal with a lower income, and the other stresses associated with their recovery.

Having a lawyer who can handle the claim on behalf of a victim means the victim can put 100% of their energy and efforts into recovering from their injuries.

When insurance company negotiations fail

One of the primary reasons for having an attorney help with the claims process is being prepared. In Nevada, a victim has four years to file a personal injury lawsuit. However, a person’s full recovery, the process of negotiating with an insurance company, and preparing evidence are all time-consuming processes. When someone starts working with a lawyer soon after an accident, the attorney is working on two things at the same time: Negotiating in hopes of reaching a settlement before a case has to go to court but also preparing for the potential the case will require the court’s intervention.

Contacting a Nevada motorcycle accident injury attorney

Motorcycle accident victims often have several physical challenges to overcome following an accident. Recovery from injuries can take weeks or months. Some victims never recover fully, meaning their claims are more substantial. Contacting a motorcycle accident lawyer immediately may help a victim of an accident get the best possible settlement for their injuries and the other damages they suffered as a result of someone’s negligence.

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