Steps in a Motorcycle Accident Lawsuit
The article aims to guide individuals involved in motorcycle accidents in Chicago through the process of filing a lawsuit, highlighting key steps and considerations to ensure they can seek compensation and justice effectively.
Accidents can happen anytime, and statistics paint a stark reality if you are a motorcyclist. Motorcyclists are twenty-eight times more prone to losing life in accidents compared to other motorists.
Unfortunately, if you find yourself a victim of a motorcycle accident, filing a lawsuit may be mandatory to seek compensation and justice. The process for filing a lawsuit can be quite complex.
So, to help you navigate the legal landscape with ease, we have discussed a step-by-step guide on motorcycle accident lawsuits in Chicago. Let's dig in!
Steps in Motorcycle Accidents Lawsuit
The following are the steps involved in a motorcycle accident lawsuit:
Talk to a Lawyer
The first step you should take is to contact a credible and reputable Chicago motorcycle attorney. Make sure to bring copies of photographs from the accident scene, police reports, and other medical records. The attorney will review these documents and provide you with valuable guidance on your rights, legal process, and potential outcomes.
Proper Investigation and Preparation of Demand Letter
After that, your attorney will carry out an investigation. For this, they may work with accident reconstruction experts and investigators to get a comprehensive understanding of what actually happened on the scene. The goal is to determine liability and the extent of your claims.
Once the investigation is done, your attorney will draft a demand letter. It outlines the details of the accident, including your injuries, damages, and the compensation you want for your loss.
Some damages you may seek compensation for are:
- Medical bills
- Coverage for long-term care, if needed
- Lost income
- Loss of quality of life
Your attorney most likely negotiates with the insurance company so you reach a fair settlement. However, if you fail to reach a settlement, go for filing a lawsuit.
File the Lawsuit
A motorcycle accident lawsuit is filed in a court via a civil complaint. Under Chicago, Illinois laws, you have around two years to file a lawsuit. If you don't file one during this time, you may not get the desired compensation for your loss.
Enter Discovery Phase
The defendant gives an answer to your claim, and the case enters a discovery phase. During this phase, you can expect:
- Written questions asked by one party from the other
- Proof from each party is also shared
This step facilitates both parties to understand each other's assertions to help them reach a settlement before proceeding to a trial.
Expect a Settlement or Trial
Most of the time, cases are resolved through a settlement. For instance, if the insurance company or the party at fault may offer a fair value for your claims, you can agree to it. Remember, once you've signed a settlement agreement, you cannot return later to ask for more money. But if you don't get a fair claim, your lawyer will proceed with your case to a trial. In this, your case is presented before a judge or jury.
During the trial, both parties present their arguments, evidence, and witness testimony. Your attorney will vigorously fight on your behalf to explain the other party's negligence, like driving at excessive speed, and the extent of your damages. As per Forbes, one-third of fatal motorcycle accidents (34%) involve a motorist traveling at excess speed.
The judge will weigh all these agreements and give a verdict. Going through a trial is indeed challenging and overwhelming, but it's your only chance to seek justice and compensation.
Factors that Affect the Value of Your Motorcycle Accident Claim
Here are some factors that may affect the value of your motorcycle accident claim in Chicago:
- Medical Expenses: Your medical expenses directly impact the value of your motorcycle accident claim. These may involve costs like surgery, medication, rehabilitation, and ongoing medical care. The higher your medical expenses, the more compensation you'll receive.
- Severity of Injuries: In motorcycle accidents, the severity of injuries also helps determine your claim. For instance, if you are a victim of traumatic brain injuries, spinal cord injuries, fractures, and permanent disabilities, you can expect a higher compensation amount.
- Impact on Your Daily Life: Sometimes, motorcycle accidents impact the quality of your life, such as the inability to pursue your hobbies or engage in social activities. It may also result in mental health issues like PTSD, depression, and anxiety. Both the physical and emotional effects of the accident play an important role in determining the value of your claim.
Conclusion
Filing a lawsuit in motorcycle accidents isn't complex, especially if you have a knowledgeable attorney on your side. The attorney will investigate the case and draft a demand letter. They will then file a lawsuit and help you reach a fair settlement.
If your case goes to a trial, the attorney presents a compelling argument, backed by evidence and expert testimony, to the judge and jury. They advocate fiercely on your behalf, aiming to secure a favorable verdict that explains the full extent of your damages so you reach a fair settlement.
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