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What is a Motorcycle Accident?
It is a simple question, but it always important to understand the legal basis for a motorcycle accident. These types of claims are similar to a car accident claim. In legal terms, a car accident involves a claim for negligence. Negligence requires an injured party to establish four elements, 1.) Duty, 2.) Breach, 3.) Causation and, 4.) Damages. Duty and breach establish who is at fault for the collision. A driver has a duty to operate their motor vehicle in a safe and prudent fashion. If a driver does not drive in a safe and prudent fashion, the driver would breach that duty and be at fault. For example, if a driver fails to obey a stop sign and hits another vehicle. They are at fault.
The third and forth elements go to what are the damages caused by the collision. Damages include economic damages, non-economic damages, and physical impairment/scarring. Economic damages are anything you can put a dollar amount to. These would include hospital bills, lost wages, and property damages. Non-economic damages include pain and suffer, lose of enjoyment of life, and the general damages related to you changes in daily behavior. Physical impairment involves damages for impairment and any scarring you may have a result of injuries or surgeries. Causation is the process of proving the collision caused the damages. Causation is broken down into direct and proximate causation. Direct causation is a “but for” determination, i.e. but for the accident the person would not be injured. However, the damages also must be foreseeable and related. This is the limitation of proximate cause.
What to Do After an Accident.
1 Get Medical Care
As an motorcycle accident attorney, the Lawrence Law Firm wants to help you get back to normal as quickly as you can. We are not medical doctors though, and we encourage people to follow their treatment providers advise.
It is also advisable in some instances to document, in a journal or writing, the injuries that you sustained and how it is affecting you day to day activities. Personal Injury Attorneys speak for their injured clients, and we can better convey the pain and suffering and lose of enjoyment of life that you are experience if we are provided more information.
You will also want to notify your insurance company if you have Underinsured motorist coverage or medical payments coverage. It is important to safeguard all potential pools of recovery, and most insurance policies will require notice to be given to ensure the police is not voided. Medical payments coverage are benefits that will cover medical bills, regardless of fault. If you have this type of coverage on your personal policy, it could be used to avoid out of pocket expenses and to keep any bills from going to collection. The at fault insurance company will not pay your medical bills until you are done with treatment.
The second reason you should consult a personal injury attorney is to remove the stress associated with handling this type of claim with the insurance company. Individuals that are injured need to focus on recovery and getting back to life. Insurance companies will attempt to complicate these types of claims to frustrate an injured party into taking a low-ball offer.
If you or a love one was injured, call the Lawrence Law Firm today for a free consultation. You can also complete the form above, and we will contact you as soon as possible.
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
If you are the victim of a trucking accident, understanding who is responsible for your injuries can be complicated. There is often a web of players that could be liable, and figuring out who they are isn’t always easy.
A car accident attorney would want to know about these coverages to ensure they are utilized and safe guarded. UM/UIM coverage for example requires prompt notification to the insurance carrier to ensure compliance with the policy. An injured party would also have to cooperate and seek the insurance company’s permission prior to settling with the at fault driver’s insurance company. If you do not comply with these conditions, you could breach the insurance policy and void the coverage.
An auto accident attorney also needs to know about any health insurance coverage that you have. While the at fault driver is the party that should pay for any injuries and damages, the insurance company will not pay as you go with medical bills. Instead, the insurance company will want to pay for everything once the treatment is done and complete. This means, medical bills will accumulate and potentially go unpaid if treatment in ongoing. Health insurance will pay for medical treatment. Your health insurance company will have a right of subrogation. Subrogation is a legal term that means right to get paid back. You will be able to recover your medical bills from the at fault driver, even if they were paid. Your accident attorney will then take care of any subrogation claims by other parties.
If you do not have insurance, there are treatment providers that will hold medical bills until a settlement occurs. If you are injured or have question concerning a motor vehicle collision, do not hesitate to contact the Lawrence Law Firm for a free consultation.
Facing injuries due to an accident that wasn’t your fault can be emotionally, financially, and physically taxing. Attorney Lawrence understands just how difficult it can be to determine a path forward. As such, he aims to support you throughout your personal injury case. He will take the time to explain your rights and what you’re owed; then, he will guide you through the case, offering you advice on the best path forward. He has extensive knowledge of the legal field, and so can help with many different aspects of your case, from collecting evidence to fighting on your behalf in court.
Dealing with injuries due to a motorcycle accident isn’t easy. Pursue the compensation you deserve by contacting a qualified attorney. With Lawrence Law Firm, LLC, you won’t pay anything unless we win your case. Contact us today to receive a free consultation with Attorney Lawrence and find out how much your case may be worth.