Personal Injury Lawyer
The motorcycle crash happened so fast. One minute you were riding down the highway, feeling the wind against your body, and the next, you wake up in a hospital bed. What happened? No one knows for sure. You want to seek compensation for your injuries and property loss, but do you have any right to receive compensation? The answer depends on liability and provable damages. However, your state will define those things for you. The best thing you can do is seek legal representation from a motorcycle accident law firm, such as Johnston Martineau, LLP, and learn what you can.
1. Liability Rules
Every state defines liability differently. Some states are no-fault, meaning that each party involved in an accident is responsible for their damages. Other states divvy up fault equally among those involved in the collision. Still, others will only award damages to those responsible for less than a certain percentage of the crash. Finding out the liability rules of your state is one of the first things to do after an accident because the information will help you understand how to proceed with legal action.
2. Your Responsibility
Once you understand the liability laws, you need to figure out your share of responsibility for the collision. Uncovering where the fault lies will require a police investigation and often a private investigator. Your attorney may have a PI on retainer to help expedite the investigation and prove your percentage of liability. If you are under the threshold for fault and can seek restitution for your losses, it is time to figure out which damages to seek.
Damages are broken into two categories: compensatory and punitive. Compensatory damages include both abstract and concrete losses. For example, you may seek pain and suffering for psychological trauma, but you may also seek recovery of medical expenses and lost wages. Punitive damages, alternatively, are not awarded for making good on lost income, but to punish the at-fault party. Punitive damages are not easy to prove because you must prove intent or criminal neglect.
Motorcycle accidents are tricky claims. If you are seeking restitution after a collision, consider contacting an experienced accident attorney. These professionals will have the contacts and resources to help you prove your claim and possibly receive compensation for your losses. However, do not expect immediate rewards. These claims can take months or years, depending on the complexities of the case and the intricacies of the laws. Discuss your claim with an attorney to figure out the practicality of moving forward with a lawsuit.