Getting compensation for a motorcycle accident can be difficult if the other driver’s insurance is uncooperative or if your damages are so high that the defense is reluctant to pay. Getting the damages you need might only happen in a lawsuit, and you should always seek help from experienced counsel when filing a lawsuit.
Our attorneys can help you build a strong case and file it in court, dealing with any legal issues that come up during the process. It is vital to work with a lawyer who has experience handling injury cases and can help put a value on your pain and suffering so that you can get full compensation after a serious motorcycle crash.
For a free case review, call Howe Law’s motorcycle accident attorneys at (844) 876-4357.
The Process for Getting Compensation After a Motorcycle Accident in Columbia, TN
To get the damages you need after a motorcycle accident, you first need to figure out what damages you are owed. Then, most injured motorists will file an insurance claim with the defendant’s insurance. However, if the insurance company fails to offer full compensation for the settlement, you might need to file a lawsuit instead.
Assessing Damages
Before you can file a claim, you need to know what damages you can claim. In most motorcycle accident cases, our motorcycle accident lawyers will help victims claim financial compensation for any and all bills and expenses related to the accident, such as medical expenses, vehicle repair/replacement costs, and other incidental costs. We will also claim damages for all wages and income you missed because of the accident, whether that be past income you missed while recovering or ongoing lost wages you will miss now and into the future if the crash resulted in a disability. We can also claim damages separately for the physical pain, mental and emotional distress, anguish, and discomfort related to the accident.
For the “economic” damages – i.e., the ones based on hard values and receipts – we can use your financial records and bills to prove these damages. Assessing damages for pain and suffering is a bit more complex, but our attorneys can help you with this process. We can also look for other less common damages you might be able to claim in your case.
Filing an Insurance Claim
In some cases, an insurance claim will be enough to get you the compensation you need. If the defense settles the case through insurance, they might be able to pay you back for medical bills, lost wages, and pain and suffering, all without the need to go to court.
The minimum insurance required in Tennessee is $25,000 per person for injury, $50,000 per accident for injuries to multiple people, and $25,000 for property damage. Some drivers have this minimum, while others have better insurance that covers much more.
However, insurance might owe you more than they are willing to cover without a court order. If they deny full payment for your injuries, our lawyers can negotiate with them to try to reach a fair settlement without going to court. If negotiations fall through, we can file the case in court.
Filing a Lawsuit
A lawsuit is decided by the judge and jury, with the judge deciding legal questions like the admissibility of evidence and the jury deciding fact questions like who is at fault. This takes a lot of the decisions and power away from the insurance company, allowing a fair fight for damages.
At any point during a court case, you can still settle if the insurance company relents and agrees to pay what it owes you. Settling often happens after the evidence-sharing stage of a trial – known as discovery – because it is in this stage that the defense gets a good look at the case and begins to understand how strong your case is. Often, it is cheaper for insurance companies to settle than it is to fight the case and then lose, so the mere pressure of a potential trial might be enough to fairly resolve your case.
If they still refuse to pay your damages, we can handle the case at trial and let the jury decide how much your damages are worth. Then, the court will order the defendant to pay the full amount, potentially resulting in higher damages than what the insurance company is willing to cover.
Common Causes of Motorcycle Accidents in Columbia, TN
Many motorcycle accidents are caused by other drivers, not the motorcycle rider. In these crashes, the driver often commits either an explicit traffic violation or a violation of safe-driving principles. Sometimes the mistake is one that could happen in any auto accident, but sometimes the issue is specific to motorcycle accidents.
Speeding
Speed is a factor in most cases and can result in more severe injuries to a rider who gets hit by a speeding car.
Drunk Driving
Drunk drivers are a danger to themselves and everyone else on the road. If you were hit by a drunk driver, the accident might have happened at higher speeds because they were unable to react in time to slow down or stop. This could result in more severe injuries.
Tired Driving
Tired driving can be nearly as dangerous as drunk driving, resulting in serious injuries to riders hit by tired drivers.
Distracted Driving
If the driver does not see you because they had their eyes on their phone or their mind on something other than driving, they could cause serious injuries.
Failing to Look Out for Motorcycles
Motorcycles are smaller vehicles, but all drivers must keep an eye out for vehicles of all sizes. If drivers fail to watch out for smaller vehicles, they could end up driving straight into you with no excuse.
Call Our Motorcycle Accident Attorneys in Columbia, TN Today
For a free case evaluation, contact the motorcycle accident lawyers at Howe Law by calling (844) 876-4357 today.
