No one expects to be in an accident, and the aftermath can feel like an overwhelming whirlwind where you don’t know who to turn to or what to do next. But when someone else is liable for your injuries, why should you be stuck trying to cope?
At the Halperin Law Center, we believe you shouldn’t have to handle the ruins of the accident alone. Our reputable motorcycle accident lawyers will help you hold the liable party accountable for their negligence and secure the injury settlement you need to rebuild your life.
One of the more common reasons motorcycle accident victims don’t pursue a civil claim is because they don’t know whether they have grounds for a case. As with any negligence case, an experienced accident attorney will assist in determining who is responsible or “at fault” for the accident. As is the case with car accident claims, fault in motorcycle cases is controlled by the “rules of the road”.
If you have tried to pursue a claim through the responsible party’s insurance company, they may refuse to settle, which might leave you thinking there are no other options. But if another party is responsible for causing your injuries, you may be entitled to financial compensation, whether the insurance company wants to settle or not.
If financial, emotional, psychological, and physical injuries relating to your motorcycle accident have had a dramatic impact on your life, you may have grounds for a claim if your lawyer can prove someone else’s wrongdoing caused the accident.
Once you have decided to file your claim, you’ll need to file with the liable party’s auto insurance provider. As a biker, you should expect the insurance company to scrutinize your driving record and attempt to blame you for the accident.
Because Virginia is a contributory negligence state, if the insurance company can prove you share even 1% of the fault, and that 1% contributed to the cause of the accident, they may be able to escape any legal obligation to settle your claim. Alternatively, they may offer you a quick settlement that you accept, only to later learn that your losses were worth far more than the insurance company offered you.
Insurance companies can be challenging to work with, and many claimants are unprepared for the tactics insurers use to reduce motorcycle accident settlements in Virginia. Having your lawyer handle the insurer on your behalf could make all the difference in the outcome of your case.
When you have suffered devastating injuries in a motorcycle accident, and you aren’t sure what your next steps should be, reach out to the attorneys at the Halperin Law Center to start the process and give you the peace of mind you deserve.
This answer depends on a variety of factors, but in summary, the injury-causing accident must be the result of the wrongful act of another person or company. According to the Virginia Contributory Negligence law, in most circumstances if you are at all responsible for the accident or injury, you cannot recover. That being said, you should not necessarily trust the opinion or advice of an insurance company or claims adjuster as to whether or not you are at fault or contributed to the accident, as they may not (and likely do not) have your best interests in mind. Contact an attorney who specializes in personal injury or wrongful death law to make this determination.
Though very common, this is a difficult question to answer at the beginning of a case. Each case is different, involving multiple factors, many of which may be unknown at the time of your injury. In short, these types of cases are designed to compensate you for damages (physical and financial) you have suffered. The amount of compensation depends on factors such as: severity of the injuries and whether they were permanent or disfiguring; if a hospital stay was required; the amount of time (and/or pay) lost from work; the amount of your past and future medical bills; whether or not surgery was required; and/or available insurance coverage. An experienced personal injury attorney can help you determine the relevant specifics of your situation and estimate the potential value of your case.
The amount of time you have to make a claim from the date of the accident/injury depends on where the accident happened and the type of claim you are making. In Virginia, it is generally 2 years from the date of the injury, however there are some governmental claims that must be brought within a year. In the District in Columbia, it’s usually 3 years from the date of injury. In Maryland, it’s typically the same. However, there are exceptions, and you should contact a trial lawyer who specializes in personal injury or wrongful death cases in order to determine how long you have to file a claim.