If you suffered serious injuries in a motorcycle accident but are unsure how to make the liable party pay, a Middleton motorcycle accident lawyer at GED Lawyers can offer legal guidance and support.
With our firm by your side, you can heal from your injuries while we focus on the legal details of your case. Our law firm offers free consultations, during which you can ask us any questions you have about your case. Let our Middleton personal injury lawyers pursue the compensation you deserve. Call today. We’re there when you need us.
Recoverable Damages in Motorcycle Accident Cases
Motorcycle accident injuries have been known to be devastating. The injured parties not only suffer physically but also psychologically and financially. Fortunately, you have the right to be made whole. This means you should be compensated for every loss you have suffered related to your motorcycle accident.
Some of the more common types of physical damages you could recover include:
- Physical pain and suffering
- Dismemberment
- Disfigurement
- Scarring
You also have the right to recover psychological damages. These damages would also include areas of your life affected by your injuries, some of which might include:
- Diminished quality of life
- Loss of consortium
- Emotional distress
- Reputational damage
- Inconvenience
Your attorney can quantify your financial or economic damages through receipts, bank statements, bills, quotes, and other concrete evidence. Some examples of economic damages you could recoup in your motorcycle accident case include the following:
- Co-pays, hospital bills, prescription medication fees, transportation costs, ambulance fees, medical equipment expenses, and future medical care
- Loss of income, future potential earnings, bonuses, retirement contributions, and salary increases
- Repairs and replacement for property damage, such as your bike and personal effects
- Costs of household upkeep, maintenance, and childcare
- Costs of increased insurance premiums
We will compile your damages and file your claim with the liable party’s insurer, seeking the maximum compensation possible. Your responsibility through the claims process is to continue your medical treatment and work toward a healthy recovery.
How Our Middleton Motorcycle Accident Lawyer Will Manage Your Case
When you retain one of our personal injury attorneys to handle your motorcycle accident case, we will handle all the legal tasks for you. You’ll have the time you need to recover from your injuries, attend doctor’s appointments, and spend time with your family while we fight for your fair compensation.
Our Middleton lawyers will:
- Keep you updated about the status of your motorcycle crash case
- Inform you of the laws that apply to your case
- Determine which damages you can recover, such as medical expenses, pain and suffering, and lost income
- Investigate your case to determine the cause of your motor vehicle crash
- Find all liable parties and hold them accountable for your losses
- Handle settlement negotiations with the at-fault party’s insurance company for you
- Gather evidence such as cell phone records, the police report, photos of the accident scene, and witness statements
- Explain your legal options and advise you on which route you should take to seek fair compensation
Motorcycle accident victims are not required to hire an attorney. However, our legal team of motorcycle accident lawyers in Middleton can help make the legal process less intimidating. As your legal representation, we will not back down in our fight for justice, even if that means taking your case to trial.
When To Sue for a Motorcycle Accident in Middleton
You may not be sure whether you should contact a motorcycle lawyer for help following your accident. However, when you are lying in your hospital bed at LMC Peabody or Beverly Hospital while contemplating your next steps, it is important to consider how your injuries have affected your life.
This is not to say you must have suffered a catastrophic injury like a spinal cord injury to be entitled to financial compensation. However, if your injuries have substantially impacted your life, you may need assistance getting through these difficult times.
Compensation will not change what you have been through, but it could help set you up for a more comfortable future. With that being said, your motorcycle accident injury attorney will also need to show that someone else is responsible for causing your injuries.
This could be through negligence or an intentional act. However, if someone else is at fault for your injuries, they should be compelled to cover your damages in their entirety.
Proving Liability in Motorcycle Accidents
Proving fault will be one of your lawyer’s most important responsibilities. Several parties could share liability for your motorcycle accident injuries in Middleton. Some of these parties include:
Government Agencies Responsible for the Roads
When dangerous road conditions cause motorcycle accidents, the government agencies responsible for road safety, maintenance, and integrity could be responsible for victims’ injuries. Some examples of cases where government agencies could be held accountable include unsealed potholes, missing street signs or lamps, and unsecured road construction zones.
Negligent Drivers Harming Motorcyclists
Irresponsible and reckless drivers are one of the most common causes of motorcycle accidents across Massachusetts. Some examples of negligent driving include speeding, following too closely, distracted driving, drunk driving, driving under the influence of drugs, driving while fatigued, aggressive driving, failure to yield to the right of way, and more.
Dram Shops Must Serve Responsibly
Dram shops are retail shops and restaurants that sell or serve alcohol. If these dram shops sell or serve alcohol to someone already under the influence of drugs or alcohol, and that party later goes on to cause a collision, they can be held accountable for the victim’s damages.
Auto Parts Manufacturers and Distributors
Defective and malfunctioning motor vehicle parts have been known to cause life-threatening and fatal motorcycle accidents. Other parties who could share liability include auto parts designers and suppliers, motor vehicle dealerships, safety inspectors, maintenance technicians, and more.
Call us today and get started with a free case consultation.
How Massachusetts Shared Fault Laws Work
Sharing fault for your motorcycle accident will not prevent you from recovering compensation for your damages as long as your portion of fault does not exceed 51%.
Massachusetts follows a modified comparative negligence system with a 51% threshold. However, you will still need to be held accountable for your portion of liability. To do this, the civil courts will reduce your injury settlement based on the percentage of liability you share.
For example, if you were not wearing your motorcycle helmet when a drunk driver struck you, the judge might find you 10% responsible for your injuries. If the jury awarded you $5 million for your injuries, your $5 million injury settlement would be reduced by 10%. This would leave you with $4,500,000.
If you have questions or concerns regarding how Massachusetts shared fault laws will impact your injury settlement, do not hesitate to contact your lawyer for clarity and support.
Insurance Claims for Motorcyclists in Middleton
Dealing with the insurance company can be challenging. Motorcyclists are at an increased risk of being taken advantage of by insurance adjusters looking for opportunities to deny your claim.
If the insurance company can argue that you are a reckless driver who has no regard for their safety or anyone else on the road, they may be able to reduce your injury settlement legally.
Fortunately, your motorcycle accident lawyer in Middleton will be by your side, protecting you from being taken advantage of during your greatest time of need. Our personal injury law firm will never allow the insurance company to lowball you or force you to accept an insurance settlement that is less than you deserve.
Your Personal Injury Protection (PIP) Policy Will Not Cover Your Injuries
As a motorcyclist, you are aware that personal injury protection (PIP) policies do not cover motorcycles. Even if you have a PIP policy on your car, it will not apply. To receive compensation for your injuries, you file a personal injury claim with the at-fault driver’s insurance company. But what happens if they have no auto insurance?
Your Uninsured Motorist Policy Can Protect You
To protect yourself from uninsured drivers, you can use your uninsured motorist (UM) coverage. However, if the at-fault driver’s insurance is inadequate, you would have to have a separate underinsured motorist (UIM) coverage policy. MedPay is an additional option to cover any expenses.
Time Is Limited in Your Middleton Motorcycle Lawsuit
Under Mass. Gen. Laws Ch. 260 § 2A, you typically have 3 years to file a personal injury lawsuit on your motorcycle accident with the Essex County courthouse. However, if your lawsuit concerns a breach of contract over a UM policy claim, the statute of limitations is six years, per Mass. Gen. Laws Ch. 106 § 2-725.
Discuss Your Case With a Motorcycle Accident Attorney in Middleton Today
When your motorcycle accident injuries have taken a toll on your life, and you need a dedicated legal advocate to help you pursue your compensation, meet with a Middleton motorcycle accident lawyer at GED Lawyers.
Get your no-cost, risk-free consultation by calling our office. We can determine what your case is worth and how to get started.
