Damages you can seek in a Pennsylvania motorcycle accident claim include medical expenses, loss of income, pain and suffering, diminished quality of life, pain and suffering, and property damage or loss. You can also recover wrongful death damages, including funeral and burial expenses, if your family member was fatally injured in the collision.
Understanding the scope of your recoverable damages can be challenging. Luckily, a personal injury lawyer near you can help you accurately assess your damages, understand the statute of limitations, and ensure the timing of your case is compliant.
How Do I Ensure My Motorcycle Accident Settlement Is Fair?
When a vehicle driver’s negligence leads to a car versus motorcycle collision, they are responsible for compensating you for all your subsequent financial expenses and losses. A fair settlement covers all accident-related expenses.
Here is how you can ensure the settlement is sufficient:
- Avoid a speedy settlement that does not allow enough time to understand the full costs of the accident.
- Avoid speaking to the at-fault party’s insurance representative or admitting any fault before speaking to a lawyer.
- Ensure your evidence includes documentation of expenses and losses.
- Keep getting medical care and avoid downplaying the severity of your injuries.
You can also let a personal injury lawyer negotiate for you. They will explain the pros and cons of each offer you receive and go over each step in the settlement process and your anticipated timeline. This way, you can ensure your case is filed on time to protect your right to go to court if needed.
How Much Time Do I Have to Settle or Go to Court?
The damages you can request after your accident have a time limit. In Pennsylvania, the personal injury and wrongful death statutes of limitations are generally two years, according to Pa. C.S.A. § 5524.
In other words, you have:
- Two years from the date of the accident to file your personal injury lawsuit
- Two years from the date of a loved one’s demise to file your wrongful death lawsuit
Your lawyer will explain the filing deadline and any factors that cause it to fluctuate. He will also ensure the appropriate one is complied with and remove the risks associated with an expired filing deadline.
For a free legal consultation, call 412-661-1400
How Does a Lawyer Prove the At-Fault Driver’s Negligence?
To seek damages after a motorcycle accident, you have to prove the legal elements of negligence, which establish the at-fault driver’s liability. A personal injury lawyer who is familiar with Pennsylvania law can prove these for you.
The legal components of negligence are:
National Highway Traffic Safety Administration (NHTSA) statistics indicate that 41% of motorcycle accidents happened when the vehicle driver was making a left-hand turn. Proving they did so negligently can help build your case. The lawyer who represents you will use all available investigative techniques to prove the driver’s financial responsibility and to fight to recover damages for you.
What Evidence Do I Need?
Collecting evidence after a motorcycle accident can be challenging under the best of circumstances. Because you were largely unprotected from the impact of the crash, your injuries can be severe and prevent you from collecting evidence on your own.
A primary benefit of working with a personal injury lawyer is their ability to collect evidence while you focus on getting better. This evidence may include:
- Your medical records
- The accident report
- Accident scene photos
- Photos of your injuries
Witness statements are valuable to your case because they tell the story of the accident objectively and from varying vantage points. Your lawyer will also locate and interview witnesses, carefully record their statements, and include them in your evidence file.
How Much Will a Personal Injury Lawyer Cost?
A personal injury lawyer will not cost you anything up front or out of your pocket. Most will work on a contingency fee basis. In other words, their fee will be contingent on your receiving an insurance settlement or verdict award. Once resolved, the lawyer will accept a percentage of your award. This agreement allows you to avoid a potentially costly delay in preparing and filing your case.
Your lawyer will explain the details of their fee agreement, the percentage of your settlement they will receive, and the many case-related expenses they will cover for you while preparing your case.
Contact Our Personal Injury Team Today
Were you or someone you love injured in a motorcycle accident? Our personal injury lawyer can help you pursue the at-fault driver and understand what damages you can seek in a Pennsylvania motorcycle accident claim. It can start with a free review of your case and an outline of your next steps.
Find out how hard our law firm will fight for you by contacting Berger and Green today.