Wilkes-Barre Motorcycle Accident Attorney: The Legal Process of Filing a Lawsuit
Motorcycle accidents can result in severe injuries, financial strain, and emotional stress. If you’ve been involved in a motorcycle crash in Wilkes-Barre, it’s important to understand your legal rights and options. Pursuing a lawsuit may seem complicated, but with the help of an experienced Wilkes-Barre motorcycle accident attorney, you can navigate the legal process with confidence. In this blog post, we will explain the steps involved in filing a motorcycle accident lawsuit and how an attorney can guide you through each stage.
1. Seek Medical Attention
The first and most important step after a motorcycle accident is to seek immediate medical attention, even if you don’t feel seriously injured. Some injuries, like internal bleeding or concussions, may not be immediately apparent. Your health and well-being should be your top priority, and a medical record of your injuries will also be crucial if you decide to pursue legal action. Even if your injuries seem minor, it’s still a good idea to visit a doctor or hospital. A thorough examination and documentation of your injuries will help establish the extent of the damages you are claiming in your lawsuit.2. Contact a Wilkes-Barre Motorcycle Accident Attorney
Once your immediate medical needs are addressed, it’s time to contact a Wilkes-Barre motorcycle accident attorney. Filing a lawsuit for a motorcycle accident can be complicated, and having a knowledgeable lawyer by your side can make a significant difference in the outcome of your case. An attorney will evaluate the specifics of your case, including who is at fault for the accident, the extent of your injuries, and the damages you are seeking. Motorcycle accident lawsuits often involve complex issues like insurance coverage, liability, and comparative negligence, and an attorney’s experience will ensure that your case is properly managed.3. Investigating the Accident
One of the most important roles your attorney will play is investigating the accident. A thorough investigation helps establish liability and strengthens your case. The investigation may include:- Obtaining police reports: The police report from the accident scene will provide key details about the crash, including the cause and parties involved.
- Gathering evidence: Your attorney will gather evidence from the scene, such as photographs, witness statements, and surveillance footage if available.
- Interviewing witnesses: If there were any witnesses to the crash, your lawyer will speak to them to understand the circumstances surrounding the accident.
- Expert testimony: In some cases, your attorney may consult accident reconstruction experts or medical professionals to help build your case.
4. Filing the Lawsuit
Once your attorney has gathered sufficient evidence, they will file a lawsuit on your behalf. This formal legal process involves submitting a complaint to the court outlining your case, including the details of the accident, the injuries you sustained, and the compensation you are seeking. In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means that you must file your lawsuit within two years, or you may lose the right to seek compensation. Your Wilkes-Barre motorcycle accident attorney will ensure that your case is filed on time and that all necessary paperwork is submitted accurately.5. Negotiating a Settlement
In many motorcycle accident lawsuits, the case is resolved through settlement negotiations rather than going to trial. After filing the lawsuit, your attorney will begin negotiating with the at-fault party’s insurance company or legal team. The goal of these negotiations is to reach a fair settlement that compensates you for your medical bills, lost wages, pain and suffering, and other damages. An experienced attorney is skilled in negotiating settlements that reflect the true value of your claim. Insurance companies often try to offer low-ball settlements, but with your lawyer advocating on your behalf, you’re more likely to receive a fair offer.6. Going to Trial
While most cases settle before going to trial, some may require litigation to ensure fair compensation. If a settlement cannot be reached, your attorney will represent you in court. During the trial, both sides will present their evidence and make their arguments. Your attorney will advocate for your rights, presenting the strongest possible case to the judge and jury. Trials can be lengthy and costly, but sometimes they are necessary to achieve justice. Having an experienced Wilkes-Barre motorcycle accident attorney in your corner will ensure that you are well-prepared for the trial process and have the best chance of securing a favorable verdict.7. Receiving Compensation
If your case results in a settlement or a court award, you will receive compensation for the damages you’ve suffered due to the motorcycle accident. This may include:- Medical expenses: Coverage for current and future medical treatments related to the accident.
- Lost wages: Compensation for time off work while recovering from your injuries.
- Pain and suffering: Compensation for the physical and emotional distress caused by the accident.
- Property damage: Coverage for damage to your motorcycle or other personal property.