Filing a Motorcycle Accident Lawsuit
If you were injured in a motorcycle accident, you may have suffered out-of-pocket losses, lost quality time with your family, and missed out on enjoying your favorite hobby—motorcycle riding. If your physical pain, mental stress, or permanent injuries are severe, you may need to seek legal action.
Filing a lawsuit for your motorcycle accident case is an important choice. The North Carolina motorcycle accident attorneys at Henson Fuerst can help you make the right decision for your claim, whether that’s settling out of court or filing a lawsuit. Call today at (919) 781-1107 or complete a free initial consultation form.
Standing Up to the Insurance Company
Unfortunately, insurance companies are involved in nearly all motorcycle wreck cases in North Carolina. It’s an insurance company’s job to make money—that means delaying legitimate claims and offering the smallest settlements.
While the motorcycle accident attorneys at Henson Fuerst never begin a case with the intent to file a lawsuit, we do evaluate every case with the understanding and expectation that we may be forced to file a lawsuit to protect your rights. Your fair treatment is our first priority, and we’ll do everything we can to resolve your claim as fairly and quickly as possible.
Investigating Your Motorcycle Accident
Because of the increased risk of suffering severe injuries in motorcycle accidents, motorcyclists must confront an unfair bias when dealing with insurance companies. Motorcyclists have the stereotype of being reckless and dangerous drivers, so insurance companies can be quick to deny compensation.
When you’ve been involved in a motorcycle collision, you need an experienced North Carolina motorcycle accident attorney to handle your case. At HensonFuerst, we know how to investigate all the elements of your accident. Contact us now by completing a free initial consultation form or by calling (919) 781-1107.
Accident Reconstruction Engineers
For severe injury motorcycle cases, we often hire accident reconstruction engineers who are trained to recreate accident scenes to determine how a crash occurred. The factors we look at in a motorcycle crash include:
- how the bike laid down,
- skidding distance,
- stopping distance,
- and more.
Our North Carolina motorcycle accident lawyers may also retain medical experts to assess the severity of your injuries and help us determine your current and future medical expenses. We may consult with:
- brain injury specialists,
- life care planners,
- trauma surgeons,
- vocational rehabilitation professionals,
- and economists.
Evaluations from these specialists are imperative in motorcycle accident claims, because motorcyclists’ injuries are usually severe, if not catastrophic.
Factors That Can Affect Your Claim
Motorcycle accidents often involve severe or catastrophic injuries due to the limited amount of protection riders have. No matter what kind of accident you’re in, the North Carolina motorcycle accident attorneys at HensonFuerst will tell you, the first thing you should do is seek medical attention. Even if you don’t think your injuries are severe, you should see a doctor immediately.
Talk to a Lawyer
The physical dynamics of motorcycle accidents are very different from automobile accidents. Variables that may affect your case include:
- deceleration abilities,
- rider perception,
- rider reaction times,
- stopping distance,
- and the sliding or “laying down” of a bike.
All of these factors affect how a case is evaluated and resolved by either an insurance company or a jury. To be successful in your claim, it is essential that your lawyer has the knowledge and experience to assess these factors and handle your case in the best possible way.
How Juries React to Motorcycle Accident Cases
Many automobile drivers have little regard or respect for motorcycles, and their failure to detect and recognize motorcycles in traffic can place motorcyclists at greater risks for serious injuries. We understand that many drivers—drivers who are your potential jurors—have an inherent bias against motorcycle drivers. In the courtroom, it’s our job to convince those jurors that their preconceived notions are untrue.
No matter how much experience you have as a motorcycle driver, the law doesn’t differentiate between a brand new motorcycle operator and someone who has years of experience on the road. Unfortunately, insurance companies do. If you are a newer driver, the insurance company will likely argue that your inexperience was a factor in your accident and may attempt to lower the offer for your claim.
If you’ve been riding for a lifetime, it’s important to document your experience with safe motorcycle operation. We have seen many cases in which a motorcyclist’s history has greatly strengthened his case. As your North Carolina motorcycle accident attorneys, we’ll make it our priority to showcase your specific knowledge and experiences to the jury.
Unfortunately, when representing the victims of motorcycle accidents, we regularly confront the biases of insurance companies and juries. It’s unfair that innocent motorcyclists are perceived to be reckless and responsible for causing accidents. We understand how seriously motorcyclists take the operation of their bikes. This knowledge is critical when trying to overcome the biases of juries and insurance companies.
The legal team at HensonFuerst has been handling claims against insurance companies and trying cases in front of juries for more than 35 years. Our North Carolina motorcycle accident lawyers are here to stand up for your rights to compensation.
You may be entitled to make a claim for punitive damages if the driver who caused your motorcycle accident was careless or reckless.
Punitive damages: money awarded by a court or paid by an at-fault defendant that is designed to punish the defendant and to deter similar conduct in the future.
Under North Carolina General Statute 1D-5, our North Carolina motorcycle accident lawyers may consider filing a lawsuit for punitive damages when the defendant (at-fault driver) acted with “conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knew or should have known is reasonably likely to result in injury, damage, or other harm.”
Punitive damages are frequently considered in motorcycle cases that involve a driver who was:
- drag racing or racing on public streets or highways,
- driving at speeds far in excess of the speed limit,
- driving while intoxicated,
- driving while under the influence of drugs or impairing substances,
- and more.
Our North Carolina motorcycle accident attorneys can help you evaluate your claim for punitive damages. Get help now by contacting Henson Fuerst. Just dial (919) 781-1107 or complete a free initial consultation form and talk to a member of our legal team today.
After the Settlement
Once you reach a settlement, there is still work to be done to conclude your case. Any outstanding debts related to your motorcycle accident must be paid from your settlement amount. Depending on the nature of your health insurance coverage and your injuries, you may owe money to:
- therapists and other specialists,
- health insurance companies,
- Tricare (CHAMPUS),
- and others.
These parties may have a legal interest in your case and may have a right to recoup some or all of the money from your settlement. The North Carolina motorcycle accident attorneys at Henson Fuerst can help you evaluate the best way to repay your debts while making the smallest impact on your settlement amount.
How We Can Minimize Your Debt
HensonFuerst has been representing injured victims for more than 35 years. We know that repaying debts after you’ve waited for a settlement can be one of the most frustrating parts of your case. It’s our job to work on your behalf to minimize the amounts that must be paid to others.
Our North Carolina motorcycle accident lawyers believe that you’re the one who was injured; you shouldn’t be penalized by having to deal with a new debt. We’re here to help you get closure on your case. Call (919) 781-1107 or complete a free initial consultation form. We’ll speak to you for free and fight hard to ensure that your rights are protected.
Talk to a lawyer immediately—it’s important that your lawyer is able to collect pertinent evidence to support your case before the evidence is gone. The North Carolina motorcycle accident lawyers at HensonFuerst can help.