Whether you have to go to court for a motorcycle accident depends on many factors, including comparative negligence laws, your insurance coverage, and the specific circumstances of your accident.
The idea of going to court for a motorcycle crash can be daunting, especially if you are recovering from severe injuries. However, there are advantages to being prepared to go to trial. Learn about the different factors that can affect whether you go to court and how filing a lawsuit can benefit your claim. A Michigan motorcycle accident lawyer can help you understand your rights and options.
Most Personal Injury Cases Settle Out of Court
While it is always best to be prepared to go to trial, most personal injury cases, including motorcycle accident claims, settle out of court. Many at-fault parties and their insurance companies opt to settle out of court rather than pursuing a more expensive lawsuit. This is especially the case when they expect to lose the case.
Even cases that begin the trial process can settle quickly once both parties receive all the available evidence. If opposing counsel or the insurance carrier believe the court will rule in the accident victim’s favor, they may prefer to engage in settlement talks where they can have more control over negotiations.
Either way, the motorcycle accident victim benefits from filing a lawsuit and being prepared to take the case all the way to trial.
Reasons Your Case Could Go to Trial
While most motorcycle accident claims settle out of court, certain factors can make it more likely that your case will go to trial.
You Cannot Reach a Settlement Agreement With the Insurance Company
Most motorcycle accident cases begin with an insurance claim with the at-fault driver. If the insurer refuses to provide a fair settlement, you may need to go to court. Speak with a motorcycle accident attorney with trial experience. They can assist you with negotiations and prepare your case for trial, so you don’t settle for less than you deserve.
Your Damages Are Very High
If your injuries are severe or life-altering, such as traumatic brain injury, spinal cord damage, or loss of a limb, the damages may exceed the amount covered by the insurance policy. You may benefit from going to trial in order to seek higher damages. However, if you lose, you could potentially lose the opportunity to recover damages at all for your catastrophic injuries.
Consult with a motorcycle accident law firm that has experience handling high-dollar motorcycle accident claims. They can help you determine whether you are better off accepting a settlement offer or proceeding to trial.
Fault Determination is Unclear
Your case may go to trial if the insurance company believes their client is not at fault for the accident. This may be because there are multiple parties involved in the case or because they believe you are partly responsible for the accident. States like Michigan have comparative fault laws that can affect your ability to recover damages.
Comparative fault laws differ by state, so you should speak with an attorney familiar with the laws in your state before you proceed with a motorcycle accident lawsuit. Some states may reduce your award based on the amount of responsibility you have for the accident. Others will not allow you to recover any damages if you are more than half responsible.
Your attorney will review the evidence to determine whether your case is strong enough to withstand judgement at trial. If you could be partly liable, they may recommend settling outside court.
You Could Recover a Higher Settlement for Your Motorcycle Accident
Insurance companies benefit from paying as little as possible for settlements. Rather than pay out a high settlement, the at-fault party and their insurance company may try to introduce doubt or shift blame for the accident. They may offer lowball settlements or deny the claim outright by claiming their client is not at fault.
A knowledgeable motorcycle accident attorney has the experience and resources to counter such tactics. By filing a personal injury lawsuit and making it clear they are prepared to go to trial, the attorney may convince the insurance company to offer a higher settlement or payout. Rather than pay for a long court case, the insurance company may consider it more economically viable to provide a better settlement offer.
You Might Receive a Higher Payout From a Judge or Jury
If your case does go to trial, you may win the sympathy of the judge or jury. A sympathetic court is more likely to rule in your favor and issue a higher award. In addition, you can seek more compensatory damages through a lawsuit. While an insurance claim may have options for recovering lost income and medical expenses, it can be difficult to convince the carrier to provide non-economic damages such as pain and suffering or emotional distress.
A trial can help you recover the maximum damages you need to return to normal life. Contact a motorcycle accident attorney with experience handling personal injury trials in your state. They can help investigate your claim, gather evidence, negotiate, file legal documents, and represent you during court proceedings.
You Must File Within the Statute of Limitations
Whether or not your case goes to trial, you could benefit from filing a motorcycle accident lawsuit as soon as possible. Every state limits the amount of time you have to file a lawsuit against the responsible party with a civil statute of limitations. For instance, this statute of limitations is usually three years in Michigan. That means you only have until three years after the date of the accident to file a lawsuit. If you miss this deadline, you could lose the chance to recover damages altogether.
Insurance companies are aware of the statute of limitations and may draw out negotiations to force you into accepting a lower settlement. A skilled motorcycle accident lawyer will ensure you file your lawsuit within the legal time limit. Even after filing a lawsuit, you can still negotiate a settlement out of court. In fact, filing before the statute of limitations expires may give the insurance company greater incentive to offer a fair settlement, because they know you are serious.
Understanding how much time you have to file a motorcycle accident lawsuit is crucial for preserving your rights. Acting promptly not only helps ensure that you remain within the legal timeframe but also strengthens your position in negotiations. By consulting with an experienced attorney early on, you can effectively navigate the legal process and increase your chances of securing fair compensation for your injuries and losses.
A Motorcycle Accident Attorney Can Help You Determine Whether Going to Trial is Best
The advantages and disadvantages of pursuing a lawsuit to trial vary significantly based on the specifics of your case. A knowledgeable attorney will hear your story and determine whether you have grounds to pursue an insurance claim or lawsuit. Based on the available evidence, including photos and videos of the accident, expert opinions, medical records, and witness statements, the attorney will advise whether you should accept a settlement offer or fight for more at trial.
Contact a Motorcycle Accident Lawyer For a Free Consultation
If you or someone you love suffered injuries in a motorcycle accident, the motorcycle injury lawyers at Christensen Law can help you determine the best way forward. We know that going to trial after a motorcycle accident can be overwhelming. During your free consultation, our team will review your case and provide an honest assessment of your legal options. We aim to recover maximum compensation on behalf of our motorcycle accident clients, and our trial attorneys are always prepared to take your case before a judge or jury if it means recovering more for your losses. Contact us by calling our number today to learn more.
