It would be great if you could trust the insurance company to pay you a fair settlement without having to file a lawsuit. Unfortunately, however, this is not always the case. Instead, insurance adjusters will look for any way to pay less than you deserve.
If you have suffered severe injuries, the consequences and your medical expenses may last a lifetime. That’s why working with trusted and experienced motorcycle accident lawyers is even more critical in such cases. If you decide to hire a motorcycle accident lawyer, the legal team at Kiley Law Group can calculate the full impact of your injuries and fight for a fair settlement that will bring you long-term security.
How Motorcycle Accident Attorneys Pursue Justice
It’s natural to wonder what motorcycle accident attorneys do. So here’s what you can expect when you hire a motorcycle accident lawyer in Massachusetts.
Stage 1: Case evaluation
The first phase, your case evaluation, is your opportunity to present all the facts of your accident to an experienced and compassionate motorcycle attorney. Be prepared to talk him or her through the following:
- How the accident happened
- What injuries you sustained
- Which medical treatments you received or are undergoing
- How much time you took off work
- How the accident has impacted your life
Give complete answers, not leaving out any information, no matter how trivial. If possible, bring any supporting documentation with you for our lawyer to review.
In Massachusetts, the statute of limitations on personal injury claims is 3 years. While this is longer than in some other states, it’s essential to talk to a motorcycle accident lawyer as soon as possible after your accident.
Our motorcycle attorneys, including Tom Kiley, Sr., want to see justice done for all motorcycle accident victims. Although it is not possible for us to take on every case, please don’t automatically assume that you don’t have a solid claim.
Even if you feel your accident was your fault or there’s little hope for justice, book a case evaluation with us. Getting advice from a qualified motorcycle accident lawyer is well worth it.
You can trust that if we take on your case, we feel it has a strong chance of success. When you work with us, we will be open about the challenges we expect to face and the legal avenues we plan to use to overcome them.
Stage 2: Investigation and preparation
Next, your legal team will get to work preparing a strong case. The case will be built on solid evidence showing who was at fault and how the other party’s actions impacted your life.
If we take on your case, for instance, the Kiley team will gather as much evidence as possible, including:
- Police reports
- Insurance reports
- Witness statements
- Medical evidence
- Medical bills
- Evidence of lost earnings/business opportunities
Sometimes, a motorcycle accident lawyer may commission accident reconstructionists to work out exactly what happened. This may show a clear link between what happened and your injuries. In addition, investigators may track down witnesses, security camera footage, and other evidence to support your case.
This process can take some time, especially if your injuries are severe or the accident was complex. For example, in some cases, fault is not clear-cut. It’s possible that one or more drivers – possibly including the motorcycle rider – may share liability. However, in Massachusetts, you can still pursue compensation if you were partly to blame, albeit at a lower level.
Stage 3: Calculating damages
In most motorcycle accident claims, waiting until you have reached maximum medical improvement is important before assessing damages. This will ensure that you claim the full compensation needed to make you whole again.
Your economic, or easily quantifiable, damages may include:
- Medical expenses
- Future medical expenses
- Lost earnings
- Loss of future earning potential
You may also be entitled to non-economic damages if your injuries were severe or life-changing. These may consider your:
- Pain and suffering
- Permanent disfigurement
- Loss of consortium (normal marital relationship)
- Loss of enjoyment of life
To calculate the full impact of your injuries on your life from here on out, your attorney may also consult expert witnesses. Medical experts will be qualified to speak to the effects of your injuries on your long-term quality of life and the level of care you will require in the future. Additionally, financial experts may be called on to assess the long-term economic impact of your condition and the amount of compensation you need.
Finally, our motorcycle accident attorneys will use their knowledge of Massachusetts law to decide on the best route for compensation. Once they have built you a strong case, it’s time to move on to negotiations.
Stage 4: Negotiating with insurance companies
Many motorcycle accident claims can be settled out of court, so your attorney may begin by sending a demand letter to the insurance company. The letter will include the following
- An overview of the accident
- A breakdown of your damages
- A settlement demand
This should be seen as the opening gambit, as negotiations can go on for weeks or months. The insurance adjuster may try several tactics to devalue, delay, or deny your claim. Nevertheless, you can rest assured that the motorcycle attorneys at Kiley Law Group have seen – and overcome – all these tactics before.
In many motorcycle accident cases, it is possible to negotiate a fair settlement this way, saving you the expense and stress of going to trial. Yet, if this is not possible, your motorcycle accident attorney will be ready to fight your case in court.
Stage 5: Trial
Sometimes, out-of-court negotiations come to naught and going to trial is necessary. Our motorcycle accident attorneys are prepared to handle your case in the way that will most benefit you.
When we go to trial, we present irrefutable evidence and tenaciously argue our client’s case before the fact-finder (judge or jury). He or she may call witnesses and cross-examine the defendant’s witnesses.
In the end, the judge or jury will reach a verdict. If the judgment is in your favor, the fact-finder will decide on the level of compensation you are owed.
How to Pay for a Motorcycle Accident Attorney
When you’re battered and bruised after a motorcycle accident or grieving the loss of a loved one, the thought of paying legal fees could be overwhelming. That’s why Kiley Law Group takes on all motorcycle accident cases on a contingency basis. Our No Fee Guarantee means there’s nothing to pay if you hire one of our motorcycle accident lawyers until we win compensation for you.
Kiley Law Group Motorcycle Accident Attorneys Are Here for You
The Massachusetts attorneys at the Kiley Law Group have been representing injury victims for more than 40 years, recovering more than $1 billion for our clients, and we have a thorough understanding of the financial and emotional hardships a motorcycle accident victim can experience.
If you’ve been injured or your loved one has been injured or killed in a traffic accident in Massachusetts, please call (888) 435-1321 or fill out our online contact form for a free consultation with one of our knowledgeable lawyers.
