If you have seen a doctor and know who is at fault, you could contact their insurance company to file a claim. You will need to do so as soon as possible, though. However, your case may not be so straightforward, and you may be dealing with severe injuries.
A Columbus motorcycle accident lawyer can walk you through the process of filing a motorcycle accident claim in Columbus. They can help gather evidence, identify the liable party, prove their negligence, and file a claim with their insurance company. If necessary, they can also submit a personal injury lawsuit, negotiate for a fair settlement, and take your case to court.
The Steps Involved in Filing a Motorcycle Accident Claim in Columbus, Ohio
When you hire a Columbus personal injury attorney, they will handle your motorcycle accident claim from start to finish while you put your time and energy into healing from your injuries. The steps they can take on your behalf include:
Gathering Evidence for Your Claim
Various evidence can help your lawyer identify the at-fault party, prove their negligence, and establish the value of your damages. Such evidence may include:
- A copy of the police report
- Accident scene photos
- Traffic camera, helmet camera, or CCTV footage
- Eyewitness statements
- Physical evidence from the accident scene
- The protective gear you were wearing when the crash occurred
- Medical bills and records
- Paystubs and other documentation of your lost wages
- Repair or replacement estimates for your bike
- A personal journal detailing your physical and emotional pain and suffering
- Statements from your family members about how the accident has affected your life
Proving the At-Fault Party’s Negligence
To qualify for compensation, your motorcycle accident lawyer must prove the at-fault party’s negligence. They will aim to do so by establishing the following four elements:
- Duty of care: The liable party had an obligation to drive safely and avoid causing harm to others on the road.
- Breach of duty: The at-fault driver did not live up to their duty of care. Common causes of motorcycle accidents include distracted driving, speeding, and failure to check blind spots.
- Causation: The responsible driver caused a motorcycle accident that injured you.
- Damages: You incurred financial and non-financial losses.
By proving these elements, your attorney will prove your right to recover damages such as medical expenses, lost wages, property damage, and pain and suffering.
If you lost a loved one in a motorcycle crash, a Columbus wrongful death lawyer can help your family seek wrongful death damages, such as funeral and burial expenses, lost household income and services, and emotional anguish.
Filing an Insurance Claim and/or Personal Injury Lawsuit
After identifying the at-fault party and proving they were negligent, your Columbus motorcycle crash attorney will file an insurance claim with their liability insurance provider, demanding compensation for your losses. Your lawyer may also file a personal injury lawsuit with the courts.
Negotiating for a Fair Settlement
Only in rare instances will the insurance company’s first settlement offer be adequate to cover your losses. In most cases, the adjuster will reject your lawyer’s initial demand and make a counteroffer. Your attorney will then assess that offer and make another counteroffer. This back-and-forth process will continue until both parties agree on a settlement amount.
Going to Court, if Necessary
Most motorcycle accident claims, even those involving personal injury lawsuits, are settled out of court. However, if the insurance company refuses to make a fair offer or other circumstances necessitate going to trial to get the compensation you deserve, your motorcycle crash lawyer will not hesitate to let a jury weigh in on your case.
What You Can Do to Protect Your Motorcycle Accident Claim
While your lawyer will handle all the legal work involved with your motorcycle accident case, there are a few things you can do in the minutes, hours, and days following the accident to protect your personal injury claim. If possible, you should:
- Call 911 to report the accident and ask for the police and an ambulance to come to the scene.
- Accept medical attention; do not make assumptions about your health. If the EMTs recommend that you visit the hospital, please do so. Follow your doctor’s recommendations carefully.
- Document the accident scene by taking photos of your bike, other involved vehicles, and your injuries.
- Request contact information from anyone who saw the crash occur.
- Do not apologize or admit that you played any role in causing the crash.
- Avoid posting about your motorcycle accident or injuries on social media.
- Hire a motorcycle accident lawyer as soon as possible to protect your best interests.
- If an insurance adjuster contacts you shortly after the crash, politely decline their request for a statement and tell them to call your attorney instead.
If your injuries prevent you from taking some or all of these steps, don’t worry. Your lawyer will handle all the necessary steps for building your case.
Hiring a Columbus Motorcycle Accident Attorney Costs Nothing Upfront
You may be tempted to try to file your motorcycle accident claim alone out of fear of the high cost of hiring a lawyer. However, you don’t have to worry about that when you turn to The Fitch Law Firm LLC. Hiring a motorcycle accident lawyer from our team costs nothing upfront.
We will only get paid at the end of your case, and our legal fees will come from your settlement or judgment. If we don’t win your case, you’ll owe us nothing. This is our no-win, no-fee promise to all the injury victims we assist.
Contact Us for a Free Motorcycle Accident Claim Consultation
At The Fitch Law Firm LLC, we have secured over $150 million for our clients over the last 30+ years. We pride ourselves on offering comprehensive and compassionate personal injury legal representation. If you’ve been injured or lost a family member, we want to explain how to file a motorcycle accident claim in Columbus and walk you through the entire process from start to finish.
You can focus on recovering from your injuries while we handle everything else. Contact us today for a free, no–obligation motorcycle accident claim consultation. Do not wait to call, as the statute of limitations sets a deadline for motorcycle accident lawsuits in Ohio, so we want to get started on your case as soon as possible.
