Motorcycle Accidents – Personal Injury Law

Motorcycle Accidents

On a nice day, many citizens of Texas enjoy going for motorcycle rides and prefer a motorcycle as their main form of transportation. Many motorcyclists are skilled in their riding abilities and wear protective headgear because they are aware of the dangers of riding a motorcycle. More here. Additionally, most motorcyclists abide by the rules of the road and do not make poor decisions. However, motorcycle accidents still occur, and in many cases, it is the fault of another driver. Due to the lack of protection that a motorcyclist does not have because they aren’t in an enclosed vehicle, many motorcyclists wind up severely injured in any type of accident. Other times, the accident may end fatally for the motorcyclist.motorcycle accident lawyers

Many times, it is the driver of another vehicle that is at fault in a motorcycle accident. This can be due to the driver:

Failing to See the Motorcyclist
Speeding
Driving While Intoxicated
Driving Recklessly
Simply Not Paying Attention

In some cases, a motorcycle accident is not the fault of the motorcyclist or the driver. It can sometimes be the result of a defect in the motorcycle. When a defect in a motorcycle is found, it is usually recalled. However, a recall may happen once it is too late and harm was already done to someone. Sometimes a person may be the owner of a recalled motorcycle but they are unaware of the fact that it was recalled, and they wind up getting into an accident due to riding a defective motorcycle.

The consequences of a motorcycle accident can be catastrophic. A motorcyclist that gets into an accident can wind up with brain injuries, paralysis, bone fractures, and severe burns that require skin grafts and years of surgery to repair. Other times, a motorcycle accident can result in death. If you lost someone in a motorcycle accident due to the negligence of another or due to a motorcycle defect, contact our attorneys today.motorcycle accident attorneys

Have you or a loved one been injured in a motorcycle accident? Our attorneys can help. Contact our Motorcycle Accident Attorneys to schedule a free consultation.

Personal Injury Law – How Soon Do You Have To Contact An Attorney

Personal Injury Law – How Soon Do You Have To Contact An Attorney

One of the reasons why personal injury cases can be so complicated is because there are significant differences between state laws. Every state has its own laws that apply to personal injury cases. There are crucial differences in how these laws work, and what they mean for people who have been injured.personal injury law - expiration of time to file

Statutes of Limitations

The amount of time you have to file a personal injury lawsuit is limited. Every state has a statute of limitations that creates a type of legal ticking clock. Once you have been injured, that clock begins counting down. Unless you act before that clock reaches zero, you are prevented from filing a lawsuit.

The amount of time you have differs significantly depending on the state in which you live. In some states, you might have as long as six years to file a personal injury lawsuit, while in other states you could be limited to a single year.

Damage Caps

Another significant difference between states when it comes to personal injury laws is how much damages people are allowed to recover.

Non-Economic Damages

Many personal injury lawsuits involve non-economic damages. These types of damages are possible when a person suffers an injury that isn’t easily given a dollar value. Non-economic damages include compensation for emotional distress, pain, and suffering, loss of enjoyment, or loss of the ability to engage in sexual relations, known as loss of consortium.

When it comes to these types of non-economic damages, many states have a maximum recoverable amount. Though this amount differs significantly, it can range from about $350,000-$700,000.

Fortunately, states usually have exceptions that allow injured people to exceed the maximum limit, or eliminate it completely, in some circumstances.

Punitive Damages

Punitive damages can apply in cases where someone’s wrongful action was so egregious that state law allows for damages that serve solely to punish the intentional behavior.

Like non-economic damages, punitive damages can also be limited. Depending on the state in which you live, the maximum punitive damage award might range between $250,000 to $10 million.

Liability

Who is responsible for compensating you for the harms you suffered? The answer to this question will depend entirely on the state in which you live.

Let’s say that you are injured in a car accident. Three other drivers were involved in the accident, and each is partially at fault. You suffer $100,000 in damages. Depending on the state in which you live, each driver might be responsible for only a portion of those damages (several liabilities), each could be held responsible for the entire amount (joint liability), or the group of defendants could be held equally responsible for the entire amount but have the right to sue each other to recover the share for which the others are responsible (joint and several liabilities).

Of course, knowing what the differences are and understanding how they might apply to your situation is something that only an experienced personal injury attorney can help you do. To find out how your state laws apply to an accident you may have been part of, contact a local personal injury attorney as soon as possible.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

Got Questions After An Accident

Got Questions After An Accident, Our Attorneys Can Help

The attorneys at our Personal Injury Law Firm are pleased to provide the following answers to questions our lawyers frequently encounter as they help people recover compensation when they have been involved in a car or truck accident or other harm as a result of another’s negligence. At our Personal Injury Law Firm, you can Trust us for Justice. If you have other questions or need legal advice and representation in a particular personal injury or wrongful death matter, please contact our office for a free consultation.car accident lawyers

What should I do if I have been in an accident?

First, attend to the medical needs of yourself and others, including calling 9-1-1 and performing first aid if you are qualified. While waiting for the police to arrive, exchange information with the other driver, including driver’s license and insurance information. If there are any witnesses present, try to get their names and contact information, and record a brief statement of what they say they saw. If possible, take photographs of the scene, including the damage to vehicles and property and your own physical injuries.

In the case of a motorcycle accident or other serious collision, the driver of one car or truck may walk away, but the motorcycle rider or other driver may not be conscious when the police come to survey the scene and make a report. If this was the case with you, be sure, and obtain a copy of the police report as soon as possible. If the other driver provided a statement to the police and you didn’t, the report may contain biases or inaccuracies that you will want to correct. Your attorney can help you obtain a copy of the report and proceed accordingly.

Contact an experienced personal injury lawyer as soon as you can. Some lawyers will meet you in the hospital or visit you at home if you are not well enough to travel. It is important to bring in a lawyer early so that he or she can begin the process of gathering evidence from the scene before it disappears and witness statements before memories fade. Having legal representation will also help make sure you are not taken advantage of by the insurance company before you have had a chance to realize what your costs and damages are from the accident.

How long do I have to file a lawsuit?

In most cases of personal injury, including wrongful death, you have up to two years from the date of the occurrence to file a suit. In the case of medical malpractice, you have up to two years from the date the injury was discovered, such as when a foreign object like a clamp or sponge was left inside the body following an operation.

If you fail to file within the statute of limitations period, you risk being barred forever from filing a suit and recovering damages for your injuries. While two years may sound like a long time, it can actually pass by very quickly. Initially, you will be very absorbed with your own physical recovery, and then you will find yourself dealing with mountains of paperwork and trying to get your house and your life back in order, and perhaps returning to work. If you are dealing with an insurance company, they may seem like they are going to settle but allow negotiations to drag on in hopes that the limitations period passes without any legal action being taken by you.

Your lawyer will not immediately file a lawsuit in most instances. Usually, it is best to wait until your doctor declares you are medically stable so that we have a good idea about what your current and future medical costs and other damages are. Still, it is important to have an attorney on board who can begin preparing a case right away for trial or eventual settlement and to make sure that the statute of limitations or any other important deadlines is not missed.

Do I need a lawyer if the insurance company is offering to settle?

Absolutely. Insurance companies often offer a settlement very quickly after the accident. If you are unrepresented, they will make an offer that may sound good but is actually far less than your case is actually worth. If, on the other hand, you are represented by an attorney who is experienced in personal injury cases and has a track record of successful results, the insurance company is much more likely to make a serious offer and not try to take advantage of you.

Hiring an attorney does not mean that you will have to take your case to court. In fact, the vast majority of cases do settle without a trial. However, experience has shown time and again that hiring an attorney and preparing a case for trial is the best way to achieve a maximum settlement from the insurance company, regardless of whether this settlement comes without having to file a lawsuit or on the eve of trial.

How long will my case take?

As mentioned earlier, a lawsuit will likely not be filed or any settlement talks finalized until you have reached a stage where the doctor says you are medically stable, meaning that you have improved pretty well as much as you are likely to. This is likely to be several months, but it of course differs from case to case. Once a lawsuit is filed, there is a discovery process where depositions are taken and evidence is gathered from the other side, and motions are made in court before the actual trial. If your case goes to trial, it may be a year or more from when the accident happened, but the trial itself will probably only take a few days. Your lawyer can advise you in the meantime on how to take care of your medical bills and other expenses while your case is pending. Handling your case the right way often takes time, but this is the best way to maximize your recovery.

How much is my claim worth?

The answer to this question depends upon factors unique to your case, including the nature and extent of your injuries and damages, and the level of culpability of the negligent party. You are generally entitled to recover for your property damage, your present, and future medical expenses, lost wages from time missed from work or a future diminished earning capacity, and damages for pain and suffering and emotional distress. Contact our office for a free consultation with one of our attorneys, and we will try to give you an estimate of how much your case may be worth.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas