I want to offer my answer to the first question most asked by riders injured in a motorcycle accident. That is -- What Can a Motorcycle Accident Lawyer do for Me?

Avoiding Mistakes in the Beginning

There are a couple of tragic mistakes made by injured riders right at the start of their case.  These mistakes are difficult to fix later.

The first mistake is thinking that the insurance company is really interested in taking care of the case. What they are really after is putting together the kind of a defense that will allow them to hold onto their money for as long as possible, and then pay the minimum at the end.  How do they do this?  Simple.  First they get your confidence, then they get all the information they can.  By acting friendly (which costs nothing), they convince you that they are taking care of your claim.  In fact, they get your statement before you talk to a lawyer, they ask for a written release to get your private medical records, and they may even talk you into letting you have the motorcycle.

But, what if you have a really good case?  If you have a really "good" case, this means major injuries. Guess what?  The more the case is worth, the more money they can make delaying payment, and keeping you from having a lawyer work to help you.

If you make an innocent but careless mistake in a recorded statement, or if you provide access to something in your medical records that you don't have to give up, your lawyer cannot make that disappear.

Insurance Companies Respect Lawyers

When the insurance company decides how much to offer, they consider what will happen if the offer is too low.  With a lawyer, there is the risk of an expensive lawsuit.  Without a lawyer, they can always try to force a really low settlement.  Better yet, they can stall by asking for more and more information.  While you and whoever is helping you runs around putting together information, they sit on your settlement money.  How do you think they get the money to buy all that real estate?

Filing Suit Immediately Gets the Ball Rolling

In most courts, it takes a year or more from the day a lawsuit is filed until trial.  If you wait a year or two before you file, it will be two or even three years before the insurance company faces that trial date.  Until then, they don't have real pressure to settle.  Settlement offers will reflect that fact. Worse, the  driver that caused the accident may move and become difficult to find.  Witnesses won't remember the accident as well, and may also disappear.  Even the emergency room doctor may move somewhere.  (Many times, these are residents who are only working in the ER on a temporary basis).  

I make it a practice to file suit and serve it promptly.  You get your case underway, and we start putting everything together.  The insurance company knows that there is only so much time before they have to pay.

Accident Reconstruction - Prove You Are Entitled to Win

In almost every case, the defense will claim  you should have avoided the other car, and that you were going too fast.   They will ask how far away you were when you first saw the other car, and how many seconds you had before it cut you off.  In theory, motorcycles can stop in fairly short distances or swerve, if they are going slowly enough.  You need someone who knows how to beat this false picture.  

Even an attorney who knows about automobile accidents may not have the ability to take on a motorcycle case.  If you can have the best, why would you want anything less?

An experienced motorcycle attorney knows what they are looking at.  Do you expect a general personal injury attorney to be able to tell anything about the accident by looking at the motorcycle damage?  It takes a lot of experience. 

Making Sense of the Medical Records

Ultimately, the value of your injuries are decided primarily on the basis of your medical records. Guess what?   Many parts of most medical records are in the doctor's unreadable handwriting.  The diagnosis is not enough.  The diagnosis will have to be proven to the insurance company.  It won't be easy, because they will use a "hired gun" expert.  Some of these professional experts make half a million dollars or more writing reports and testifying for insurance companies.  Most of them have been doing it for years.  They even have courses on how to be a devastating expert for the defense. They'll pick apart you, your doctor, your injuries, and they'll use little bits of your medical records to do it.

These experts can be exposed for what they are.  But it will only happen if you have someone on your side who knows what's going on.  Your lawyer needs to control these experts from the beginning, sometimes with the help of the court.  You want your lawyer to be there for you.  If necessary, you may need to find a doctor who is expert in the kind of injury you have, so that they can show why the insurance company "hired gun" is wrong.  Sometimes there is an objective test, like an MRI or CT scan that can help prove the defense expert is wrong.

Effective Presentation

You want your evidence presented in a effective way.  Sometimes you may need a court exhibit prepared.  Other times, you may need organization so that your evidence is compelling.  An attorney with a lot of experience will know how to handle this so that it works.

A qualified motorcycle accident attorney will have had many, many cases.  Each time, there is something new to use in other cases.  That helps in your case.  Your case will be unique to you.  No two riders are exactly the same, and neither are their cases.  By working with you, a good motorcycle lawyer will bring out the problems your injuries cause you every day.  Does your work suffer?  Are you cutting back on what you do at home?  Have you stopped doing what you do for fun?

Negotiation

Negotiation is an art requiring a lot of practice.  The insurance company claims people, and their attorneys, have lots of experience.  They do this all day.  

A good motorcycle accident attorney does the same.  You can feel confident knowing that your attorney knows how to negotiate for you.

Trial

Trial is what happens when your attorney fails to succeed in convincing the insurance company that they should pay on your case.  However, if you cannot get your case settled, it will have to be tried. Trials require a lot of preparation and skill.  There is no sense in going to trial unless you will do better than you would in settlement.  Trial is going to take a lot of work and money.

Juries give money to people they like.  You will need to know how to present yourself in trial if you are going to get a good result.  What does the jury want to know?  How do they feel about motorcycle riders.  What are the things that you absolutely have to tell them so that they understand your side of the case?

Can you handle all this yourself?  Can your lawyer?

It takes a lot of work and skill to handle a motorcycle accident case.  The insurance companies have huge amounts of money, experience, and practice.  You can't reasonably expect to do this yourself.

The Best Way to Handle A Motorcycle Accident Case

There are many more aspects to handling a motorcycle accident case.  Call a qualified, experienced, motorcycle accident attorney.  Don't wait.  The sooner you meet with the right lawyer, the sooner you will know that you are being taken care of.  Find out what the right lawyer can do for you. 

I want to offer my answer to the first question most asked by riders injured in a motorcycle accident. That is -- What Can a Motorcycle Accident Lawyer do for Me?

Avoiding Mistakes in the Beginning

There are a couple of tragic mistakes made by injured riders right at the start of their case.  These mistakes are difficult to fix later.

The first mistake is thinking that the insurance company is really interested in taking care of the case. What they are really after is putting together the kind of a defense that will allow them to hold onto their money for as long as possible, and then pay the minimum at the end.  How do they do this?  Simple.  First they get your confidence, then they get all the information they can.  By acting friendly (which costs nothing), they convince you that they are taking care of your claim.  In fact, they get your statement before you talk to a lawyer, they ask for a written release to get your private medical records, and they may even talk you into letting you have the motorcycle.

But, what if you have a really good case?  If you have a really "good" case, this means major injuries. Guess what?  The more the case is worth, the more money they can make delaying payment, and keeping you from having a lawyer work to help you.

If you make an innocent but careless mistake in a recorded statement, or if you provide access to something in your medical records that you don't have to give up, your lawyer cannot make that disappear.

Insurance Companies Respect Lawyers

When the insurance company decides how much to offer, they consider what will happen if the offer is too low.  With a lawyer, there is the risk of an expensive lawsuit.  Without a lawyer, they can always try to force a really low settlement.  Better yet, they can stall by asking for more and more information.  While you and whoever is helping you runs around putting together information, they sit on your settlement money.  How do you think they get the money to buy all that real estate?

Filing Suit Immediately Gets the Ball Rolling

In most courts, it takes a year or more from the day a lawsuit is filed until trial.  If you wait a year or two before you file, it will be two or even three years before the insurance company faces that trial date.  Until then, they don't have real pressure to settle.  Settlement offers will reflect that fact. Worse, the  driver that caused the accident may move and become difficult to find.  Witnesses won't remember the accident as well, and may also disappear.  Even the emergency room doctor may move somewhere.  (Many times, these are residents who are only working in the ER on a temporary basis).  

I make it a practice to file suit and serve it promptly.  You get your case underway, and we start putting everything together.  The insurance company knows that there is only so much time before they have to pay.

Accident Reconstruction - Prove You Are Entitled to Win

In almost every case, the defense will claim  you should have avoided the other car, and that you were going too fast.   They will ask how far away you were when you first saw the other car, and how many seconds you had before it cut you off.  In theory, motorcycles can stop in fairly short distances or swerve, if they are going slowly enough.  You need someone who knows how to beat this false picture.  

Even an attorney who knows about automobile accidents may not have the ability to take on a motorcycle case.  If you can have the best, why would you want anything less?

An experienced motorcycle attorney knows what they are looking at.  Do you expect a general personal injury attorney to be able to tell anything about the accident by looking at the motorcycle damage?  It takes a lot of experience. 

Making Sense of the Medical Records

Ultimately, the value of your injuries are decided primarily on the basis of your medical records. Guess what?   Many parts of most medical records are in the doctor's unreadable handwriting.  The diagnosis is not enough.  The diagnosis will have to be proven to the insurance company.  It won't be easy, because they will use a "hired gun" expert.  Some of these professional experts make half a million dollars or more writing reports and testifying for insurance companies.  Most of them have been doing it for years.  They even have courses on how to be a devastating expert for the defense. They'll pick apart you, your doctor, your injuries, and they'll use little bits of your medical records to do it.

These experts can be exposed for what they are.  But it will only happen if you have someone on your side who knows what's going on.  Your lawyer needs to control these experts from the beginning, sometimes with the help of the court.  You want your lawyer to be there for you.  If necessary, you may need to find a doctor who is expert in the kind of injury you have, so that they can show why the insurance company "hired gun" is wrong.  Sometimes there is an objective test, like an MRI or CT scan that can help prove the defense expert is wrong.

Effective Presentation

You want your evidence presented in a effective way.  Sometimes you may need a court exhibit prepared.  Other times, you may need organization so that your evidence is compelling.  An attorney with a lot of experience will know how to handle this so that it works.

A qualified motorcycle accident attorney will have had many, many cases.  Each time, there is something new to use in other cases.  That helps in your case.  Your case will be unique to you.  No two riders are exactly the same, and neither are their cases.  By working with you, a good motorcycle lawyer will bring out the problems your injuries cause you every day.  Does your work suffer?  Are you cutting back on what you do at home?  Have you stopped doing what you do for fun?

Negotiation

Negotiation is an art requiring a lot of practice.  The insurance company claims people, and their attorneys, have lots of experience.  They do this all day.  

A good motorcycle accident attorney does the same.  You can feel confident knowing that your attorney knows how to negotiate for you.

Trial

Trial is what happens when your attorney fails to succeed in convincing the insurance company that they should pay on your case.  However, if you cannot get your case settled, it will have to be tried. Trials require a lot of preparation and skill.  There is no sense in going to trial unless you will do better than you would in settlement.  Trial is going to take a lot of work and money.

Juries give money to people they like.  You will need to know how to present yourself in trial if you are going to get a good result.  What does the jury want to know?  How do they feel about motorcycle riders.  What are the things that you absolutely have to tell them so that they understand your side of the case?

Can you handle all this yourself?  Can your lawyer?

It takes a lot of work and skill to handle a motorcycle accident case.  The insurance companies have huge amounts of money, experience, and practice.  You can't reasonably expect to do this yourself.

The Best Way to Handle A Motorcycle Accident Case

There are many more aspects to handling a motorcycle accident case.  Call a qualified, experienced, motorcycle accident attorney.  Don't wait.  The sooner you meet with the right lawyer, the sooner you will know that you are being taken care of.  Find out what the right lawyer can do for you.