In the days after your motorcycle crash, you may be wondering if you need an attorney. It all depends on whether your insurance claim is paid. A Miami motorcycle accident attorney can help you pursue a claim against the other driver. They’ll work hard to make sure you get the compensation you deserve.
In this blog, we will discuss some of the reasons why you may need a lawyer. We’ll also explain how it can benefit you to hire an attorney as soon as possible after your accident.
Your Attorney Can Help File Your Insurance Claim
If you’re not comfortable filing your own insurance claim, there’s nothing wrong with calling an attorney. You don’t have to wait for your claim to be denied to ask for help.
Your Miami motorcycle accident lawyer can make sure your claim is filed on time. They’ll also make sure the insurance carrier handles it properly.
Your Lawyer Can Appeal a Denied Claim
The insurance adjuster may deny your claim. If this happens, you will have a chance to file an appeal. It may be a good idea to talk to a motorcycle accident attorney before you do this.
If your appeal isn’t successful, your only option will be to file suit against the other driver. This is always a last resort. What your attorney may be able to do is negotiate a settlement with the insurance company.
Proving Liability After Your Motorcycle Crash
If you do need to move forward with legal action, you’ll need to prove the other driver caused the crash. Your attorney can help gather the necessary evidence to do this.
Some of the information they’ll collect to help determine liability includes:
- Copy of the police report
- Your medical records
- Eyewitness statements
- Expert witnesses
- Accident reconstructionist
- Testimony from your doctor
- Payroll records to show lost wages
Without the help of a Miami motorcycle accident attorney, it would be hard to gather this information.
Your Accident Lawyer Will Prove Your Damages
In order to recover compensation, you’ll need to demonstrate that you were hurt. Your attorney will set out to prove the damages listed in your complaint.
In most motorcycle accident cases, the victim suffers devastating injuries. This means you’ll likely be entitled to some if not all of the following:
- Medical bills
- Future medical bills
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
It’s not enough to say that you deserve these damages. Your attorney will present specific evidence to show that you’ve suffered each type.
Attorneys Know How to Negotiate a Settlement
Once your attorney files your lawsuit, it will open the door to settlement negotiations. Even if the insurance carrier denied your claim outright, that doesn’t mean they don’t want to settle.
Your motorcycle accident lawyer will reach out to the insurance adjuster and see if they can come to an agreement.
More than 95% of all motorcycle accident cases settle long before trial. This is because both parties understand that it’s in their best interest to settle out of court.
Insurance adjusters are more likely to deny your claim if you don’t have an attorney. Either they’ll deny it outright and hope that you walk away. Or they’ll offer you a low settlement and hope that you accept it.
Once they find out you’ve retained a Miami motorcycle accident lawyer, they’ll take your claim more seriously. First, they know your attorney won’t back down simply because they deny your claim. Second, they know they won’t get away with offering an unreasonably low settlement if you have a lawyer.
Your Lawyer Will Represent You in Court If Needed
Ideally, your case will settle long before trial. However, there are times when you have no choice but to go to court. This can be quite scary if you don’t have an attorney by your side.
Going in front of a judge can be intimidating. It’s a lot easier to go through this process with someone in your corner. The judge isn’t going to take pity on you just because you don’t have an attorney. They’ll hold you to the same standard as the defendant.
Reach Out to a Miami Motorcycle Accident Attorney!
There are times when you need a motorcycle or ATV accident lawyer to help you after your motorcycle crash. If your insurance claim is denied or if the other driver doesn’t have insurance, an attorney can help.
We offer a free, initial consultation for new clients. Get in touch using our contact form or call 754-799-7321 so you can schedule your free case review.
