Per the American Bar Association (ABA), no, you typically do not have to go to court for a motorcycle accident. Oftentimes, motorcycle accident cases are settled out of court through negotiations between the injured claimants and the liable insurance companies.
Should negotiations fail, however, then the injured party may need to file a lawsuit to recover compensation. In this instance, the personal injury case’s outcome will be decided upon by a judge.
If you were injured in a motorcycle accident, you may want to work with a lawyer on your case. They could help you recover a fair settlement for your past and present pain and suffering, lost wages, and medical bills.
Factors that May Make Your Case Go to Court
While your motorcycle accident case may not need to go to court, this is not necessarily true for everyone. There are several factors that may hinder the claims process and make filing a lawsuit a viable option.
Some reasons for filing a personal injury lawsuit may include:
The Insurance Company Denies Your Claim
While many insurance companies provide coverage to those who need it, others are more concerned with making money. To save their agency money, some claims adjusters will wrongfully deny valid claims. If the liable insurer refuses to adequately compensate you for your losses, then you may want to consider filing a lawsuit.
The Insurance Company Offers You a Low Settlement
In your demand letter, you may request a certain amount of money from the at-fault party’s insurer. In turn, the insurer may offer you less money than you need. If this happens and the insurer is not open to negotiations, then a lawsuit could work to resolve your case.
The Insurance Company Does Not Cooperate
Some claims adjusters will do everything in their power to deny claimants compensation. This could involve:
- Refusing to answer phone calls and messages
- Denying you the coverage to which you are rightfully entitled
- Using threats or other forms of intimidation to get you to drop the claim
- Questioning the details of your case for no valid reason
Personal injury lawsuits are filed against individuals, not insurance companies. This means that if your case goes to court, the defendant in your case would be the motorist who hit you. You can consult with your legal team to learn more.
Damages for Which You Could Receive Compensation
When seeking compensation, you will first need to understand the value of your damages. This includes knowing the full cost of your healthcare expenses and lost income. You do not want to accept an out-of-court settlement only to encounter additional expenses in the future.
You would not be able to request more money in this instance; the cost of these damages would fall to you. Through insurance negotiations or a lawsuit, you could recover compensation for the following:
- Medical care, which can include reimbursement for emergency healthcare services, surgeries, rehabilitation, and hospital stays
- Medical equipment, which includes compensation for prescription drugs, crutches, wheelchairs, or a special bed to accommodate your condition
- Lost wages, if you were unable to attend work due to your injuries and subsequent recovery period
- Loss of future earning capacity, where you can pursue compensation if your injuries required you to take a different lower-paying job
- Past and future pain and suffering, which accounts for the physical and emotional toll of the accident on your well-being
Depending on the nature of your accident, you could be entitled to other damages.
Bernstein & Poisson Will Work Tirelessly on Your Behalf
When you hire Bernstein & Poisson to handle your motorcycle accident case, we will work as hard as we can to negotiate a fair settlement for you. However, if the insurer refuses to negotiate in good faith, offer a fair settlement, or play by the rules, we are ready to take your case to court.
We encourage you to call us today because of Nevada’s statute of limitations. You may have as little as two years to file a motorcycle accident lawsuit, according to NRS §11.190(4)(e). We take pride in advocating for the rights of injured people. For a free case review, call us at (702) 633-3333.