Let’s face it, any biker with full motorcycle insurance coverage hardly thinks about hiring a motorcycle accident lawyer, because he or she believes that the insurance company can deal with everything. The truth is that if you’re involved in a motorcycle accident, you must have a motorcycle accident lawyer on your side regardless of the insurance.
Although motorcycle accidents are less likely to occur, according to National Highway Traffic Safety Administration, motorcyclists were about 26 times more likely to die in a crash per vehicle mile traveled than passenger-car occupants, and five times more likely to be injured. In 2014, 92,000 motorcyclists were injured with approximately 8.4 million motorcycles on the road.
When in a motorcycle accident, you should first call a doctor and then your motorcycle accident lawyer. The lawyer can help make sure that you get the compensation you deserve if you are injured in a motorcycle accident, either by representing you for an insurance settlement or suing the defendant for damages.
Basic Steps to Hiring a Motorcycle Accident Lawyer
1. The first step is to make a list of the top 10 lawyers in your area. For instance, if you are from Indianapolis, a simple Google search for ‘Indianapolis Motorcycle Accident Lawyers’ will show you the names of the top 10 motorcycle accident lawyers in the city.
2. Next, you can schedule an initial consultation to discuss your case with each attorney. The first consultation is usually free of cost. This step will help you evaluate the lawyer’s experience, skills, personality, approach, strategy, and fees.
3. The final step is to hire a motorcycle accident lawyer based on the information gathered from the initial consultation.
Questions to Ask Motorcycle Accident Lawyers
Before your personal meeting, you will need to make a few notes on your case. The lawyer will also ask you a few questions to gather sufficient information to assess your case. Make sure that you have covered every minute detail about your accident before asking the following questions to the lawyer:
1. Do I Have a Case?
As mentioned earlier, a motorcycle accident lawyer can help you either by representing you for an insurance settlement or suing the defendant for damages. If you want to sue, you have to prove that the defendant was at fault. You also have to prove that you actually suffered damages. In the event that you have insufficient evidence, it is unlikely that you will win your case. It is, therefore, crucial to discuss this with your lawyer.
2. Do I Need to Settle?
You are likely to get an offer from the defendant because a good number of personal injury cases are settled out of court. The insurance company of the defendant will propose to pay you a lump-sum amount for the damages, if you were to waive off your right to sue. If you need the money immediately to cover medical expenses, the settlement may be your only choice.
In a few cases, the driver may not have sufficient insurance to cover your losses. In such a situation, find out if additional defendants – like the employer of the driver – can be sued for damages. For instance, if your bike was hit by a truck that belonged to a construction company, ask your lawyer if the owner of the company can be sued for better compensation.
3. How Do You Charge?
Legal battles can be quite expensive. If you lose, you will end up with one fat lawyer’s bill. There are a good number of personal injury attorneys who will work on contingency, which means that they will take a percentage of the settlement amount if you win. On the other hand, several lawyers will charge you on an hourly basis, which means you have to pay the lawyer even if you lose.
4. What Court Fees and Costs Will I Be Responsible For?
Even if your motorcycle accident attorney works on contingency, you may have to pay court fees, investigation costs, and other costs pertaining to the lawsuit. The lawyer will provide you with a fair estimate of the court fees and the expenses you are responsible for.
5. How Long Do You Think My Case Will Take?
Legal battles are not only expensive, but also time-consuming. It can take months for a case to go to on trial and even longer to get a verdict, which means that it can take several months until you get your compensation. You can settle out of court if you need the money immediately. However, you can get better compensation if the case goes to trial.
6. Has the Lawyer Worked on Similar Cases Before? What Was the Verdict?
Many jurisdictions now allow attorneys to provide references from ex-clients and dole out information about the verdicts received by them. If you are from one of those jurisdictions, you can ask for references. Ex-clients can provide you with valuable information about what you can expect from your lawyer.
7. Who Are the Defendants In My Case?
It is common knowledge that you can sue the driver responsible for the collision. In a few cases, however, the driver may have been driving the vehicle on behalf of his/her employer. In such cases, additional defendants may be responsible for the damages. For example, if the person responsible for your injury was working for his/her employer, doing work-related tasks when the accident took place, that person may have been acting as an agent of the employer. You may be able to name the employer as a defendant under the agency laws.
8. Is There Anything We Can Do to Strengthen the Case?
If your case goes to trial, your lawyer will probably need you to see a number of doctors, talk to investigators, and remain involved in the case until its conclusion. The answer to this question will reveal his/her approach towards your case.
9. How Frequently Does the Attorney Go to Trial?
This is a critical question because insurance companies offer settlements that are much lower than what you may be able to get if the case goes to trial. Your motorcycle accident lawyer will analyze your case and decide an appropriate course of action. Nevertheless, a lawyer who rarely goes to trial is looking for a quick payoff.
A lot of people are unaware that lawyers and law firms specialize in personal injury because they have never hired a lawyer. The truth is, not all personal injury lawyers are qualified to handle a motorcycle injury case. Any lawyer who can’t give you few straightforward answers to the above questions, or seems confused or deceptive, should be cast aside immediately. Asking pointed questions in your personal meeting will bring out the real character of a lawyer, helping you make a better decision.