A motorcycle accident lawyer in Jacksonville can help by immediately taking over communications with the insurance company, conducting a full investigation to gather evidence, negotiating for a fair settlement, and taking the case to trial if necessary.
If you’ve been hurt in a motorcycle accident in Jacksonville, you may be unsure whether you need a motorcycle accident injury lawyer or how your attorney can help with your claim. At Harrell & Harrell, we know from experience how much difference the right motorcycle accident attorney can make.
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The Sooner You Talk to a Motorcycle Injury Attorney, the Better
One of the first ways a motorcycle accident attorney can help you is to run interference between you and the responsible party’s insurance company. It may not be immediately obvious how important this is, but talking to the insurance company can be like navigating land mines.
Insurance companies are always on the lookout for opportunities to deny a claim or minimize the amount they have to pay you. Every conversation with them is an opportunity for them to lead you into saying something that hurts your claim, take something you said out of context to use against you, or talk you into a quick settlement that doesn’t cover your damages.
An experienced injury attorney knows the tactics insurance companies use to diminish your claim and how to protect your claim. But that’s only the beginning.
Read more: Can I Pursue a Motorcycle Accident Claim If I Wasn’t Wearing a Helmet?
What Your Motorcycle Accident Lawyer Does Before Trial
When you hire a motorcycle accident lawyer in Jacksonville, the attorney will take over communications with the insurance company. The right attorney will also begin an investigation. For example, your attorney may:
- Seek out and interview witnesses to the accident
- Review police reports and any other documentation
- Look for sources of photos or video that may support your claim
- Identify possible responsible parties
- Determine available insurance coverage
- Hire and consult with expert witnesses
- Review medical records
You might not see every part of your lawyer’s work behind the scenes. For example, your motorcycle accident lawyer may quietly investigate all potential parties involved and determine that only the other driver is at fault. You may never hear about that part of the investigation, but it’s critical, leaving an ’empty chair’ (a potentially responsible party who isn’t named in the case) could weaken your claim or reduce the compensation you receive.
In most cases, the next step will be for the attorney to draft a detailed and well-supported demand to the insurance company. This demand letter opens up settlement negotiations. Of course, the insurance company won’t want to pay any more than they have to, so it will be up to your attorney to show them that liability is clear and to document the extent of your damages, including projected future or ongoing losses.
Filing a Motorcycle Accident Lawsuit
In some cases, your motorcycle accident attorney will be able to negotiate a fair settlement with the insurance company without filing a personal injury lawsuit. However, your attorney may file a lawsuit on your behalf if:
- The insurance company refuses to offer a fair settlement
- The statute of limitations is about to run out and you have to file your lawsuit in order to preserve your claim
- Your attorney needs to use the discovery process to obtain information the insurance company or a third party won’t share
The complaint must include specific information to avoid dismissal, such as information establishing that the court in which the case is filed has jurisdiction over the matter and sufficient facts to
Once the lawsuit is filed, your lawyer can use the discovery process to collect records from the responsible party and their insurer, and possibly also from third parties. Some examples include:
- Written questions, called interrogatories, that the other party must answer under oath–these questions can be used both to gather evidence and to find out in advance what the defendant would say at trial
- Request for production of documents, which allow you to obtain records, photographs and other evidence that may be in the defendant’s possession
- Depositions, in which your attorney can question the defendant or a witness under oath
Of course, the defendant can collect the same types of information from you, and you will be responding under oath. Your attorney will work with you to ensure that you are answering the questions completely and accurately, and will prepare you in advance if you have to testify at a deposition.
Motorcycle Accident Trials
The vast majority of motorcycle accident claims are settled before trial, which means the injured person may never have to appear in court. However, it’s important that you work with a motorcycle injury attorney who has experience with personal injury trials and who is ready and willing to take your case to trial if that turns out to be the best way to pursue the compensation you deserve. That’s true even if you are determined to settle your case without going to trial, because an insurance company is more likely to offer a fair settlement if they know your attorney is willing and able to fight them in court.
If that becomes necessary, your attorney will attend to the wide range of technical and procedural requirements, including filing pretrial motions regarding the introduction of evidence and other issues, managing jury selection, subpoenaing witnesses, preparing exhibits for trial and ensuring that they are admissible, presenting evidence at trial, and cross-examining the defendant and their witnesses.
If this sounds like a lot of work that requires a lot of knowledge of both substantive law and legal procedures, that’s because it is. When you work with an experienced motorcycle accident lawyer at Harrell & Harrell, you won’t have to worry about those complexities. Our injury lawyers understand the intricacies of negotiating and trying a motorcycle accident lawsuit. We also understand how important it is for you to be able to focus on recovering and rebuilding.
Talk to a Motorcycle Accident Lawyer in Jacksonville Today
The earlier you speak with a motorcycle accident attorney, the better opportunity that attorney will have to protect your claim and build a strong case on your behalf. At Harrell & Harrell, we offer free, no-obligation consultations to help you gather the information you need to make good decisions about how to move forward.
You can schedule yours today by calling (904) 251-1111 or filling out our contact form.