If you are a motorcyclist who has been injured in an accident due to the fault of another, you will have many questions about the road that lies ahead. This is especially true if you decide that filing a personal injury claim against the person responsible is in your best interest. Enlisting the help of a personal injury attorney will likely be helpful when considering the legal process. Perhaps one of the most important ways an attorney, like a trusted Las Vegas personal injury lawyer, can be helpful will be negotiating with the other party’s insurance company.
When to File a Claim
It will be important that you contact both your own insurance and that of the other driver to let them know of your accident. Failure to do this in a timely manner can result in the insurance company denying your claim. This could also be used against you should you make the decision to file a personal injury claim against the driver that they insure.
An insurance company will look to fault the motorcyclist in most situations involving an accident. An insurance company may try to use research and statistics around the risk of riding a motorcycle to sway the case to work in their favor, ultimately awarding as little as possible to you.
What is Comparative Negligence?
Essentially, comparative negligence is when both parties share fault of the accident. If it is found that the party who filed a claim against the other was partly at fault, and the defendant was also at fault, the award you could collect may be reduced by a percentage. For example, if you are awarded $100,000 for an accident due to another person’s negligence but you are found to be 30% at fault for the accident, you will only be entitled to receive $70,000 of the settlement.
Why Hire a Lawyer?
Working with the insurance company can be challenging. They will pull out all the stops to avoid paying you money for you claim. With an attorney by your side, you will be more likely to settle your claim with the insurance company. The total compensation you may receive will increase with legal representation. This is because an insurance company does not want to go through legal proceedings where they may have to pay out even more money on behalf of their client.
Dealing with an insurance company following an accident can be a frustrating process. It is common for insurance companies to attempt to assign fault for the accident to the motorcyclist. Working with an attorney who has experience with motorcyclists will ultimately work to your benefit so that you may receive the compensation you are entitled to.
Thanks to authors at Nadia Von Magdenko & Associates for their insight into Personal Injury law.