Will I Need a Lawyer for My Motorcycle Accident Case?

Advice from a Personal Injury Law Office

If you are one of the millions of Americans who have suffered a motorcycle accident requiring medical care each year, you are certainly all too aware of the stresses—physical, emotional, and financial—associated with such unexpected incidents. This is particularly true if your motorcycle crash has left you with serious bodily injuries, especially ones involving long-term or even permanent disability. Not only will you need to adjust your entire way of living and find ways to progress with your medical treatment, but you may also have to address often significant and unexpected financial challenges arising from this situation.

You are probably already aware that hiring an experienced personal injury attorney would take most of that burden away, but you may have concerns about the process and expenses involved.  It is a stressful and demanding process when you have to deal with the economic aspect of injuries resulting from accidents caused due to the negligence of a third party – or those arising, for example, in a work-related context. Although handling negotiations with insurance companies or filing a personal injury claim yourself may sometimes be an option, it is a lot to take on, so many wonder if or when to hire a personal injury lawyer instead.

The answer to this question is as complex as the various types of accidents, the specific circumstances under which each of them arises, and the nature and extent of the ensuing injuries one might suffer. Therefore, you should consult a reputable personal injury lawyer in Colorado while deciding whether you would be better off handling your case on your own. This type of case consultation is typically free. 

The Case at Hand

Even though it may be tempting to DIY your personal injury claim, it is often worth hiring a motorcycle accident attorney, even if it concerns a relatively minor incident. You may think at first that your injuries are not serious, nor are they expected to have long-term or permanent effects on your everyday life. Unfortunately, the full impact of many injuries is not always immediately visible or fully diagnosed in the period directly following an accident, so be cautious about making this kind of assumption – even if you think you walked away from your motorcycle accident seemingly unscathed. A personal injury attorney has extensive experience getting insurance companies to pay what the claim is actually worth, which may be more than you initially thought and could include related expenses you may not have considered on your own.

When figuring out whether to employ a motorcycle accident lawyer to take on your case, one of the first factors you will need to take into account is the severity and effects of your injuries on all aspects of your daily activities. The road to recovery and the potential for lost wages and medical expenses would look very different as a result of a broken bone versus a brain injury.

Personal injury claims are complex and require specialized skills, even in the seemingly most straightforward of cases. Particularly if you have suffered extensive injuries with long-term or permanent effects following an accident, or the accident has affected your ability to work, a seasoned personal injury attorney like the legal team at Help In Colorado will be able to call in expert opinions and determine the true value of your injuries. This includes your current and anticipated medical bills and rehabilitation expenses, as well as how they might affect your future earning capacity.

Key Calculations

Irrespective of the nature and extent of your injuries, you need an informed and accurate calculation of your motorcycle accident claim. This is something best left in the hands of someone with experience in such matters. Not only is this a complex exercise by nature, but also personal injury claims are almost always accompanied by overwhelming and stress-filled emotions on top of the physical pain you may be experiencing.  This is a time to be focusing on healing, and leave the stress of any legal actions in the capable hands of the experts. 

You may also be either drastically underestimating or overestimating the value of your claim. A proper claim calculation is a legally, procedurally, and sometimes scientifically complex exercise. One should take into account not only actual economic losses but also intangible or non-economic damages that you may have endured due to your motorcycle injuries. For example, you may be experiencing pain and suffering, mental distress, or mental anguish that’s affecting your job. Or your injury may have negatively affected your personal relationships or put undue stress on your home life. All this should be taken into account when evaluating your claim in financial terms.

Unforeseen Complexity in Motorcycle Cases

Some personal injury claims are simpler than others—although beware that “simple” is not a word that usually characterizes such situations. For instance, your case might involve multiple parties, either as co-victims or as co-defendants. You may have been hurt in an accident that caused injury to multiple individuals because of the negligence of a single party or many parties. Perhaps your case seems simple since you were the only person injured, and there was only one other driver involved. However, you may have failed to realize that more than one party is actually liable – if you were hit by a company vehicle, for example. 

 Another possibility is that your case has scientifically complex and potentially controversial aspects, where the assistance of expert witnesses, for example, will be required in order to prove your claim. When taking on your own claim, it is easy to miss key elements of a case like this, which a reputable motorcycle accident law firm would have caught. In all such instances, things tend to get unexpectedly complicated and escalate, especially when insurance companies step in and try to take advantage of your lack of legal expertise.

Comparative Fault Considerations

Most crucially, things can get very complicated (and often messy) when it comes to calculating and proving your claim in states like Colorado that have a comparative fault system—meaning that the amount of recovery may be reduced if it is found that the victim somehow contributed to their accident. You may have failed to signal a turn, for example, even though the other driver was still in the wrong and mostly liable for the collision. In such cases, defendants will attempt to shift the blame to you, the victim, and get you to drop the case. With the help of an experienced, local law firm familiar with Colorado’s comparative fault laws to prove your case, however, a case may still be decided in your favor and provide you with significant compensation for your injuries and medical expenses. 

The Insurance Company Factor

When you file a personal injury claim, regardless of whether you prepared it yourself or with the assistance of an attorney, there is no guarantee that you will be offered the recovery requested. In fact, it is more likely that your original request will be rejected,  meaning that you should always be prepared to enter negotiations.  Even if you did your best to calculate and file a claim on your own, seeking the assistance of a lawyer may become necessary regardless once the time comes for the defendant(s) to question your claim – i.e., when insurance companies refuse to make a fair settlement offer or, even worse, refuse to make any settlement offer at all. At that point, you will have to find a motorcycle accident attorney in a hurry and catch them up on your case to secure representation. 

That is why it is always wise to have a personal injury lawyer represent your interests right from the start. The legal team here at Legal Help in Colorado has conducted such challenging negotiations time and time again. In our experience,  the more complex the claim, the more likely it is that the party you will be dealing with will have its own dedicated, expert legal crew to support their case. Facing the opposition without an equally strong and experienced team fighting in your corner will place you at a significant disadvantage and could make the difference of tens of thousands of dollars – or more – in your case.

Risk of Unfair Tactics

It is common for insurance companies to refuse to make a settlement that is fair or not make any at all. In more extreme, though not so rare cases, insurance companies may even engage in bad faith insurance tactics. They may hinder the process by causing delays and not supplying you with adequate information—or even providing you with information that could be misleading. Or they may request unnecessary or excessive documentation from your end just to tie up the case in the hopes that you get overwhelmed and drop the case. They may be aggressive in their pursuit of an unfairly low settlement or dismiss your claim without providing reasonable answers for doing so. Without years of legal experience dealing with insurance companies in this type of context, you have no way of knowing what are unfair tactics, nor how to legally respond when they are.

To be fully aware of what is happening, you must identify such practices from the outset and, most importantly, negotiate forcefully to address them effectively. This requires competent and professional assistance from someone who is knowledgeable in the field and determined to take on this battle on your behalf.

Knowledge + Expertise + Experience = Power

When considering whether to hire a personal injury attorney for your case or not, consider the following: doing so might not be necessary in all instances. It will, however, let you focus on your recovery while also offering you a better chance at receiving the recovery you deserve.

Instead of pursuing your case on your own and navigating complex laws, extensive requirements, important deadlines, and considerable amounts of admissible evidence, it makes more sense to have someone who has the desired experience, expertise, and practical knowledge of federal and state laws to take on your case.  Advantages of Professional Legal Assistance

The combined years of experience from our skilled attorneys exponentially increase your chance of success in getting a fair settlement. Such assistance can prove to be invaluable right from the start of filing your claim. A personal injury attorney will be able to investigate your case, make an accurate calculation of your claim, gather all necessary evidence, and work with experts, witnesses, and other professionals required to build a strong case. 

All this will place you in a better and stronger position against the at-fault party (or parties) from the start. In certain cases, an experienced attorney may be able to point out options for action that you did not even realize were available. For example, you may be able to sue a subcontractor or a third party if you sustained your injury in a work-related accident and were left to believe that your only possible recovery may come through the workers’ compensation system.

Hiring a lawyer may also be necessary if you have decided to file a personal injury claim on your own, only to discover that the other side –  typically an insurance company – is out for a serious fight. You will need all the assistance you can get to find equal ground to stand on against some advanced and aggressive legal tactics. The aggressive and skilled attorneys at Legal Help in Colorado are exactly who you want on your side during tough negotiations, especially if the case ends up going to trial.

Disadvantages of Hiring an Attorney

The main reason why some people do not employ the services of a personal injury lawyer from the start is concern over cost. It’s a common misconception that pursuing your case to the fullest extent could result in an overall financial loss due to legal fees if a sufficient settlement isn’t reached.  However, it is actually possible to pay nothing up-front and no attorney fees if you lose your motorcycle accident case. At Legal Help in Colorado, you don’t ever pay anything out of pocket, and you don’t owe us anything until we have collected your settlement.

Our attorneys work on a contingency fee basis, which means that we effectively share the risk with you: if we don’t win your case, we do not get paid. This gives your legal team an extra incentive to work even harder to achieve a favorable outcome for your case, as our fee consists of a fixed percentage of the recovery paid to you. This is a double-win situation for both of you and us, as having a lawyer take on your case often leads to a more successful award.

Legal Help in Colorado is a specialized personal injury law firm headquartered in Denver, Colorado.  We are very conscious of the financial and other concerns faced by injury victims and offer resourceful, driven, and exceptional representation. We want you to focus on healing while we take care of the rest.

Start Building Your Case Today

Initial consultations are free and are conducted in absolute confidence. If you are exploring the possibility of having a top-rated personal injury attorney take on your case, contact Legal Help in Colorado to discuss your case. You don’t pay unless and until we get you the compensation you deserve!