In some circumstances, you can sue someone personally after a motorcycle accident. Most accident cases involve the pursuit of accident-related losses. This process begins with filing an insurance claim.
If you cannot get all your accident-related damages paid through this settlement, you can sue the liable party personally for the remaining figure of damages.
How Filing an Insurance Claim Works
You can add up all your losses from your motorcycle crash. Each economic and non-economic loss could entitle you to seek compensation. You will add all the individual values to get a total amount.
This is the amount you will pursue from the insurance company. You would then send a demand letter to the insurance company after informing them of your claim. They might agree to pay you a fair settlement.
However, they might also fight to pay you. Some insurance companies try to undercut accident victims in their time of need and could pose a difficulty. If you cannot secure a financial award this way, you could file a civil lawsuit.
How Filing a Lawsuit Works
You would need to file a lawsuit against the individual who is responsible for your accident injuries and other losses. You can do this yourself—or we could help you. Doing such a task alone might prove difficult, however.
A motorcycle accident lawyer from our firm will have the knowledge and experience to help you take some stress out of the legal process. We could manage the negotiations with the other party after filing the lawsuit. The goal is to get the liable party to pay your accident costs with a settlement.
If they do not want to pay, you can go to court, and we can help you present an argument to the judge or jury. You could secure a judgment at this point, which would require the other party to pay you. There is no way to predict the outcome, still, it is important to note that the American Bar Association (ABA) states that in most cases, a settlement will be agreed upon before a court date arrives.
The Types of Compensation You Could Secure via a Motorcycle Accident Lawsuit
Both economic damages with receipts and non-economic damages that cannot be easily quantified with a value can be worth compensation. You could be able to collect a settlement or judgment for the following losses:
If you were treated at the scene, you could list the ambulance cost in your demand letter. Any hospital visits, surgeries, treatments, physical or psychological therapy, and follow-up doctor visits are also compensable. Mobility devices and prescriptions are other losses that could entitle you to seek damages.
If your injuries were severe enough to put you out of work, you could be repaid for the wages you lost during your recovery. Any bonuses, tips, or benefits you missed out on during this time are also compensable. Future loss of earning capacity is also something to consider when establishing the value of your case.
Emotional Anguish and Physical Pain and Suffering
Pain is a hard thing to measure. It is also hard to place a monetary value on it. However, you could receive help from your medical team and legal representative in doing this.
Past and future depression, whiplash, loss of enjoyment of life, residual pain, and bruises can all entitle you to pursue a financial award.
You might have even lost a loved one to a motorcycle crash. If this is the case, you could file a wrongful death lawsuit for damages such as your loved one’s medical costs prior to their passing, burial costs, loss of guidance and companionship, and loss of income.
There are many kinds of losses you might be suffering from. Speak to a motorcycle accident attorney from our firm about how to valuate all of the damages caused by your crash. If you had to repair your motorcycle, if you lost a limb, or if your romantic relationship was affected by your accident, you could pursue compensation for these damages as well.
Contact a Motorcycle Accident Attorney Today as There are Deadlines for Taking Legal Action
You do not have to go it alone when suing someone personally after a motorcycle accident. Call our team today at (702) 633-3333 for a free consultation regarding your motorcycle accident and options for compensation. We could also tell you how long you have to take legal action under NRS §11.190(e).