If you were hurt in a motorcycle accident in Dayton, Ohio, you could pursue financial compensation from the at-fault party that caused your collision. Motor vehicle accidents are most harmful to motorcycle riders. A car or truck accident can lead to severe injuries that can put you in the hospital and out of work while recovering.
This means you may be experiencing big medical bills, reduced or lost income, and other financial damages. The Fitch Law Firm LLC legal team can review the details and circumstances of your accident and help you find the direction you need to go in next. We offer prospective clients a free initial consultation.
Damages You Could Recover After a Motorcycle Accident in Dayton
The compensation you could receive depends on the severity of your injuries, the extent of your recovery, and other losses. If you suffered injuries in a motorcycle accident caused by a negligent party, you could seek to recover compensatory damages, including:
- Medical expenses that cover hospital visits and medical care
- Property damage
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
In addition to these types of damages, you might also be able to collect punitive damages if the driver was reckless or acted with malice. Punitive damages are intended to punish the defendant for their actions and deter them from repeating similar behavior in the future.
Our Dayton Motorcycle accident lawyers can assess all damages in your case and determine how much your losses are worth. Knowing what compensation you can request from the liable party helps you avoid accepting settlement offers that fall short of your expectations and needs.
You could pursue financial awards from the liable party to:
- Pay for your medical treatment (past and future)
- Compensate you for any physical and mental pain you have experienced as a result of your accident
- Replace the wages you lost
- Compensate you for the loss of future earning capacity if you suffered injuries that won’t allow you to return to work
- Fix or replace your motorcycle
We will help you pursue the compensation you deserve for your injuries and losses.
Wrongful Death Damages
Some victims of motorcycle accidents don’t survive their injuries. They leave behind family members who must now deal with the hardship of their absence. ORC §2125.02 designates specific individuals as eligible to collect damages in a wrongful death claim.
We can help you file a wrongful death lawsuit against the party at fault if you are eligible. If you win your case, you could recover compensation for:
- Final medical expenses of the deceased
- Funeral, burial, or cremation costs
- Mental anguish of surviving family members (for example, the decedent’s spouse, dependent children, and parents)
- Loss of the decedent’s guidance, counsel, and consortium
For a free legal consultation with a Dayton motorcycle accidents lawyer, call: (614) 545-3930Call Now »
How Our Attorneys Can Help You Resolve a Motorcycle Accident Claim
A motorcycle accident in Dayton could represent you in all proceedings regarding your case. We can meet with an insurance company to discuss financial recovery through a settlement and ensure your rights are protected during the process. Generally, this can provide coverage for your medical expenses and other losses.
However, there is a possibility that an insurance company will reject your claim, leaving you without a settlement offer. For example, an insurer may attempt to blame you for the accident, or it could claim that you had pre-existing injuries and the collision never actually hurt you.
In this scenario, we would negotiate on your behalf. However, we could also advise you to file a lawsuit if negotiations fail to produce a favorable outcome for you. Taking the other driver to court may allow you to secure a court award in your favor here in Dayton.
We Will Take Care of Everything for You
As your personal injury lawyers, we will manage your case from start to finish to obtain a fair settlement so that you can focus on recovering from your motorcycle injuries. This means we will work to:
- Identify all liable parties in your motorcycle accident.
- Assist you with the insurance claim process.
- Review and help you collect evidence supporting your case (police reports, accident scene photos, witness testimony, medical records).
- Prove the liable party’s negligence.
- File your insurance claim and write your demand letter.
- Handle all negotiations with the liable party’s insurance adjuster and attorney on your behalf.
- Review and advise you on any settlement offers you receive from an insurer.
You are not alone in this fight for your recovery. Our motorcycle accident attorneys in Dayton will do everything we can to make the process manageable as we aim to get you the compensation you need to heal after your motorcycle accident.
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What If The Driver Who Hit You Fled the Scene?
Hit-and-run accidents happen to motorcyclists, but even in those cases, the motorcyclist can pursue financial recovery. We can look at your claim and determine how to pursue it. We advise that you file a police report and seek medical treatment promptly before seeking counsel from an attorney.
Our team can help you file a claim with your personal insurer to recover damages from your accident. If you have uninsured/underinsured motorist (UM/UIM) coverage, we’ll start there.
Ohio Allows Two Years to Take Legal Action in an Injury Case
Ohio limits the time you have to file a lawsuit in your case. If you file a personal injury lawsuit, with some exceptions, you have two years to do so under ORC §2305.10. You also have two years to file a wrongful death action, per ORC §2125.02.
Our team can confirm the filing deadline in your case if you are not sure. This is one of the topics we can cover during your free case review.
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Proving Negligence and Liability in Your Motorcycle Case
Your motorcycle accident attorney must be able to prove the party at fault exhibited negligence that caused or led to your accident. The four elements that must be present in your case to prove negligence include:
- The liable party owed you a duty of care to keep you safe while on the road.
- The liable party did not meet this obligation.
- Failing to meet this obligation caused an accident that left you with catastrophic injuries.
- Your injuries caused you to suffer damages for which you must be compensated.
Other Parties Liable for Your Injuries
Liability in vehicle accidents is not always a clear-cut matter. Other parties outside of the person who hit you could be responsible for the harm you suffered. Among them are:
- The employer of the driver who hit you if the person was working at the time of the crash
- A defective motorcycle or a faulty part in a motorcycle
- A mechanic at a repair shop who did not fix a vehicle properly
- A municipality responsible for maintaining the roads where your accident took place
The more liable parties in your accident, the more complicated your case can get. Fortunately, our skilled team of Dayton motorcycle accident attorneys knows how to handle these matters.
The Cost of Hiring a Motorcycle Accident Attorney
When you are seeking compensation after a motorcycle accident, it is essential that you enlist the help of an experienced professional. Unfortunately, many accident victims fail to hire a lawyer to represent them in their pursuit of compensation out of worry that they will not be able to afford the services of an attorney.
However, this should never be a concern when it comes to a personal injury case. Motorcycle accident lawyers and all other types of personal injury attorneys work on a contingency fee basis. This means they only collect a fee if you recover compensation from the liable party.
The single fee you will pay your attorney will be directly tied to the amount of compensation you recover. Under this system, the more money you recover, the more your lawyer gets paid, while failure to collect compensation means your lawyer will not get paid for their services.
Insurance Companies Don’t Have Your Best Interests at Heart
When you are dealing with an insurance company, it is essential to understand that they do not have your best interests at heart. These companies are far more concerned with their bottom line than they are with helping accident victims. They will employ a wide range of tactics as they attempt to deny or devalue your claim.
One of the best ways you can protect yourself against the predatory practices these companies use is by hiring an experienced motorcycle accident lawyer shortly after your collision. Your lawyer will take over all communication with the insurance company, preventing them from using the tricks they would attempt if dealing with you directly.
Common Dayton Motorcycle Accident Injuries
As we mentioned, motorcycle accidents can be hazardous for operators and passengers. A motorcycle accident can throw riders off their bikes, or a vehicle can pin and crush riders against another vehicle or the road. In many accidents, motorcyclists end up facing common injuries, including:
- Fractured or broken bones
- Injuries to the head and brain, including traumatic brain injuries (TBIs)
- Back, neck, and spine injuries
- Road rash, cuts, and abrasions
- Internal injuries or bleeding
- Nerve damage
Get medical treatment quickly if you suffered injuries after a Dayton motorcycle accident. You may need to call an ambulance for transport to the hospital in some situations. In other cases, your injuries may be minor enough for you to drive yourself to a medical facility.
Take Photos of Your Injuries
Note that regardless of the severity of your injuries, taking pictures of any wounds you sustained in the accident is a good idea. You should also take photos of the damage to your motorcycle and the accident scene.
This evidence may help a motorcycle accident lawyer from our team establish what happened during the collision. It could also help show that your injuries directly resulted from the accident.
Causes of Dayton Motorcycle Accidents You Can Use As Grounds for Your Claim
Motorcycle accidents occur in Dayton for several reasons. Because motorcycles are relatively small vehicles, other drivers sometimes look right past them without registering the rider’s presence. In many cases, distracted drivers, drunk drivers, and negligent drivers cause these accidents.
These accidents may be more likely to occur if another driver is:
- Driving while distracted or using a mobile device
- Driving under the influence of alcohol or drugs
- Driving while fatigued or drowsy
- Operating a vehicle over the speed limit
Drivers of motor vehicles sometimes clip a motorcyclist while attempting to pass them or “split” a lane with a motorcycle. They could also strike a motorcycle if they make a left turn without warning or come to a sudden stop.
If you were injured in a motorcycle accident caused by someone else’s negligence, you might be able to file a claim against those responsible. Our law firm has helped clients recover compensation for damages they suffered due to the negligence of others. We will work hard to ensure you receive fair compensation for your losses.
Call Our Attorneys About Your Dayton Motorcycle Accident Today
Suppose you were struck while riding your motorcycle in the Dayton, Ohio, area. In that case, the Fitch Law Firm’s legal team will start reviewing your accident as soon as you call us to see how we can help you pursue compensation.
Our legal counsel will help you file your claim and remain by your side throughout the process. Contact us today to discuss your motorcycle accident lawsuit and learn more during your free legal consultation.
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