Posted by: The Krist Law Firm, P.C.
Being seriously injured in a motorcycle accident raises many questions, and you deserve answers. Aside from the medical issues you’re facing and how your injury might impact your job, there’s much to learn about your legal rights and how an insurance claim or lawsuit can provide financial relief.
To start making informed decisions, call the Houston motorcycle accident attorneys at The Krist Law Firm, P.C. at (281) 283-8500. We offer free, no-obligation consultations, and there are no upfront costs. We’re only paid when you recover compensation.
Here are some common questions after a motorcycle crash and some answers for you to consider.
Should I Talk To An Insurance Company?
You should talk to an attorney before filing a claim or have one file it for you.
What you say to an adjuster early on may hurt your credibility, decrease your recovery, or result in your claim being denied. If what you say contradicts what witnesses, the other driver, or the police report states, you will appear less credible, which will hurt your claim. You may also mistakenly say something that shifts the blame to you or makes your injuries seem less severe than they are. This could result in a claim denial or a reduction in what they offer.
Trying to settle your case alone would also be a mistake. Since you probably don’t know accident or insurance law, how insurance claims work, how to effectively negotiate an insurance claim settlement, or your claim’s long-term value, negotiating with an insurance company would be a bad idea.
Can I Collect Compensation If I’m Partially To Blame?
Yes, as long as your actions aren’t more than half the cause of the accident.
Texas law states “proportionate responsibility” limits your ability to collect after an accident. If you’re more than half at fault for causing your accident, your claim can be denied and your lawsuit dismissed. If you’re half at fault or less, your recovery would be reduced by your share of the blame under another state law.
How is Fault Determined for a Motorcycle Accident?
One of the essential services we provide is investigating your accident. We gather all the facts and evidence we can about what happened. We also look at the police report to see if anyone’s been issued a ticket or was arrested. The firm may also hire an expert who can reconstruct how the accident happened and why.
We then decide if we think you’re at fault, and if so, how much. The insurance company will do the same. If your case is determined at a trial, the jury would hear evidence and experts from both sides and decide the issue.
How Much is My Case Worth?
What your case should settle for or what a jury might award you depends on the facts. Generally, the more severe and long-lasting your injuries, the higher the value.
Other issues when resolving a motorcycle injury claim include:
- Your past and expected future medical bills
- How much income you’ve lost and your future expected losses
- The strength of your case against the other party
- The other party’s insurance policy limits
- The negative impact you suffered because of the injury
How Long Should it be Before I Collect Compensation?
Nearly all motorcycle accident cases settle, so most aren’t decided at trial. When they settle depends on many issues. Most importantly, if you settle your case, you end your ability to collect anything more from the insurance carrier. We need to know if you’ll fully recover, and if so, when. If not, how limited will you be, and how will it affect your future life? Only after we fully understand your situation should we start negotiating a settlement.
Many factors impact how fast a case resolves. You might be eager to settle quickly though you may get less. You may be willing to push the insurance company harder for a higher settlement, which will probably take more time. The company may or may not be reasonable with what it offers.
Talk To a Houston Motorcycle Accident Lawyer
The lawyers at The Krist Law Firm, P.C. have more than four decades of experience helping accident victims get maximum compensation for their injuries. You may suffer a long-term impact because a reckless driver struck your motorcycle. We’re here to help guide you through every step toward getting what you need to set things right.
Schedule a free initial consultation. We’ll discuss what happened and explain your legal options. Call (281) 283-8500 today.