Motorcycle riders face a ton of risks on the road. The primary risk they face is road accidents. A majority of the time, these accidents are caused by the negligence of the other party.
If you’ve recently become a victim yourself, you may be wondering what your legal options are and how to pursue compensation for your losses. When filing a motorcycle accident lawsuit, you have two options. You could either take on the case yourself or hire the services of a competent personal injury attorney to walk you through the process.
In this article, we’re focused on listing out the steps involved in getting compensation for injuries and losses sustained in a motorcycle accident.
How to Pursue Compensation
Here are the steps involved in getting compensation for your injuries and losses:
Proving the defendant’s liability
The first course of action would be to prove liability. You have to prove that the other party was the sole cause of the accident. Camera footage can help you show that you were on the right side of the law. Perhaps the other party was speeding, running a red light, or driving recklessly. If you cannot get camera footage, then witness statements would suffice.
Sometimes, evidence shows that the victim was also doing something they should not be doing, for example, ignoring traffic lights or the driver’s indications. If this is the case, the compensation they seek may be reduced or even denied altogether.
Once liability is established and it is proven that the victim did not contribute to the accident, your lawyer will negotiate a settlement.
Without a damage assessment, the victim would not be entitled to anything. The jury needs to see proof that the victim suffered some kind of damage as a result of the other party’s negligence.
The damage may be physical or psychological. A doctor’s report, receipt of financial costs, and notes from mental health experts can help prove the actual extent of the harm you’ve been exposed to.
In most cases, both parties can negotiate and settle on compensation outside of court. The defendant, along with their legal representative, will likely present an offer to you, the victim.
With your lawyer by your side, you can decide whether or not you want to accept the offer. You will not be under any duress to accept this negotiation. And if the parties cannot agree, then they will proceed to the next step.
Filing the claim
When both parties cannot reach an agreement, they will have to take the matter to court. Your lawyer will work with you to gather solid evidence to make your case bulletproof.
On your due date, they would be ready to defend your cause to the best of their ability. They present the jury with facts and evidence that prove you did nothing to warrant the harm you suffered and that you deserve what you’re asking for.
As a victim of a motorcycle accident, you’re entitled to compensation. You have no reason to suffer due to someone else’s carelessness or malicious thoughts. Consult a lawyer today and find out how you can seek the compensation you deserve.