Motorcycle accidents are some of the most dangerous accidents that can occur on the road. The victims often face significant costs, including medical bills, property damages, lost wages, and psychological costs.
The law says that these losses are the responsibility of whoever caused the accident. A Norfolk motorcycle accident lawyer may be able to help those injured get the compensation that they deserve.
At Whitlock Law, LLC, we have a deep understanding of motor vehicle accidents, including those involving motorcycles, as they comprise many of the cases that we’ve taken on over the years.
We put that experience to work for our clients and seek fair restitution on their behalf. We may be able to settle with an insurance company, but our firm is also prepared to go to litigation if that becomes necessary.
A Norfolk motorcycle accident lawyer is responsible for seeking fair compensation for all the injuries that their clients have suffered because of an accident caused by the negligence of others. However, to accomplish this, they must perform several different functions and tasks.
Generally, these tasks are done as part of two, and sometimes three, of the primary roles that we take on:
One of our first tasks is to conduct a thorough investigation of the accident. This process allows us to understand who is at fault for the accident and gather evidence that can be helpful in proving that liability.
We also search for evidence that may be useful in arguing against any claim of fault on your part, as that may be used to prevent you from collecting damages.
Representing you through the process of negotiations, usually with an insurance company, is one of the more important tasks that we can fulfill. These companies often make initial offers that are far below what they should be offering.
However, with a lawyer, they are more likely to know that those offers will not be accepted. They may also realize that there is a real possibility of the claim going to court, and they may be more willing to negotiate a deal that avoids that outcome.
A settlement, though, isn’t possible in every situation, and the case may need to go to court to find a resolution. In those circumstances, we can continue to represent you through that process. We make the case for restitution based on the liability of the defendant and arguing against fault on your behalf.
The compensation that’s available in a motorcycle accident claim must cover all costs that are demonstrated to be a direct result of the accident and injuries you suffered. We must prove these links, often with documentation such as doctors’ notes, medical bills, and receipts for damage to your motorcycle.
All costs that are determined to be a result of the accident will be compensated through two or three forms of damages:
For losses that have a direct monetary cost, there are economic damages. These include medical bills, property damage, such as repairs or replacement of the motorcycle, and any lost wages from missing work.
If the injuries are serious enough that there will be costs that extend into the future, then those will also be compensated, such as future medical expenses or lost earning capacity.
For costs that lack a financial element, which are often those that are more psychological and emotional, there are non-economic damages. In motorcycle accidents, this could involve:
The money paid doesn’t directly address the issue but serves as an acknowledgment of these costs and possibly a source of indirect help.
You may also possibly receive punitive damages. However, these are rarely awarded, as they are not determined by the costs that you incurred but rather the actions of the defendant, if they are determined to have been egregious in some way.
Therefore, unless there was something malicious about the actions of the defendant involved, they won’t typically be awarded in a car accident claim.
Contributory negligence is one of the most important components of a personal injury claim, which is what a motorcycle accident claim would be. This allows the defendant to argue that the plaintiff was also negligent and, therefore, at least partially responsible for the injuries that they suffered. They must prove this in a similar way as the plaintiff must regarding the defendant.
If the defendant’s team is successful, there is a possibility that you may not be able to receive any damages. In other states, damages are typically reduced proportionately to the plaintiff’s share of fault.
However, in Norfolk, Virginia, even 1% fault on the part of the plaintiff is enough to bar them from recovery. This is why it is so vital that you work with an experienced motorcycle accident lawyer who understands this element of the process and can help defend against these accusations.
While it may be true that, in most motorcycle accidents, it’s the driver who is at fault, they aren’t the only party that could potentially be liable in such a situation. A number of different parties could be involved in a vehicle accident, and any of them may be liable for any accident that occurs.
Some of the potentially liable parties include:
Fault in a motorcycle accident must be established before any damages are awarded. This is done by presenting evidence, such as police reports, documentation of the scene, and witness accounts, showing that the defendant was at fault for what happened.
To demonstrate fault, the plaintiff’s lawyer must demonstrate three elements of negligence:
A motorcycle accident often leaves riders facing steep medical bills, costs to repair their bike, psychological impacts, and more. If you’re faced with these challenges, it’s important that you seek the compensation that you deserve.
Giving yourself your strongest chance of receiving that compensation often comes through working with a Norfolk motorcycle accident lawyer, like the one at Whitlock Law, LLC.
Our practice has taken on all manner of vehicle accident claims, including motorcycle accidents. Whether by settlement or litigation, we fiercely represent our clients and seek the restitution that they deserve. If you’re interested in your options and how we may be able to help you, contact us today.
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