Tort laws allow you to sue for damages if you're injured due to someone else's negligence or intentional wrongdoing in a personal injury claim. Often, someone else, their insurance companies, or an entity may be deemed legally responsible for compensating the injured party for medical expenses and related damages. Here's everything you need to know about filing a personal injury claim following a motorcycle accident in Wisconsin.
Who is At-Fault in a Motorcycle Accident?
Statistics show that at least one other vehicle is involved in nearly 75% of all fatal motorcycle accidents. A faulty motorcycle part can also cause crashes. In this case, the bike manufacturer may be found accountable for your accident.
Other liable parties in motorcycle accident cases may involve large commercial motor vehicles (CMV). If the CMV truck driver's negligence led to the collision, you could file a claim against the trucking company. Should you sustain injuries in a motorcycle accident due to unsafe road conditions, the government agency responsible for the road upkeep may be legally culpable.
Proving Fault Following a Motorcycle Accident: What to Do
Before filing a motorcycle accident claim, you must first prove that another motorist or entity was at fault for the resulting damages. To do so, obtain pertinent evidence such as;
- Eyewitness accounts of events leading up to the accident
- Medical bills, doctor's report, and other proof of your injuries
- Investigation of the accident by crash site reconstruction experts
- A police report and statement detailing what happened at the accident scene
- Pictures or video evidence of the accident site and damages to your motorcycle
Obtaining compensation is not always easy because insurance companies employ various tactics to reduce or eliminate the amount they should pay. There's also the statute of limitations to consider. The timeframe for filing a motorcycle accident lawsuit differs from state to state and begins when the injury occurred. In Wisconsin, it's within three years of the injury occurring.
Possible Compensation After a Motorcycle Accident
Depending on the at-fault party's insurance, you can pursue the following damages as part of your motorcycle accident claim;
- Medical costs
- Current and future lost wages
- Repairs for your bike and gear
If you're suing a bike manufacturer, there may be product liability damages or specialized claims like a breach of warranty. Your motorcycle accident lawyer can analyze your case and hold the appropriate parties responsible, so you are suitably compensated.
How to File a Personal Injury Claim
Note that with professional legal representation, most motorcycle accident claims settle out-of-court before reaching trial. Nevertheless, use these five steps as a general guide to the personal injury claim process;
- Obtain medical treatment immediately because hospital records will serve as evidence to support your claim with an insurance adjuster.
- Document all pertinent evidence of the accident to demonstrate how the injuries have impacted your life.
- Hire legal representation soon after the accident occurs. Personal injury lawyers can establish negligence and secure sizable damages, as opposed to plaintiffs who attempt to settle cases on their own.
- Onboard a personal injury lawyer early on. They can start investigating the accident, acquire relevant medical records, liaise with accident reconstruction specialists, and serve a notice of claim.
- Begin settlement negotiations or mediation attempts. If a fair agreement cannot be reached, your attorney may file a lawsuit to begin the discovery phase.
How an Experienced Wisconsin Personal Injury Lawyer at Bykhovsky Law Can Help
Proving negligence involves demonstrating that the accused had a duty to protect your safety but failed to do so and put you in danger. You were injured due to the breach, which brought about significant economic losses. It's best to consult an attorney who can prove all the above elements beyond a reasonable doubt. Get in touch and receive a free consultation. A seasoned lawyer at Bykhovsky Law will be happy to help you navigate the complex legal process of filing a personal injury claim after a motorcycle accident.
