How to File a Motorcycle Accident Claim

Motorcycle accidents can result in severe injuries, financial burdens, and emotional distress. Every year, Wisconsin sees thousands of these accidents. Filing a motorcycle accident claim can help you recover damages for medical expenses, lost wages, and pain and suffering. This guide will walk you through the process of filing a claim and what to expect during a motorcycle accident lawsuit.

Step 1: Seek Immediate Medical Attention

Your health and safety should be your top priority after a motorcycle accident. Even if you think your injuries are slight, it’s vital that you seek medical care.

Some motorcycle accident injuries, such as internal bleeding or concussions, may not be immediately apparent. A medical evaluation will also create a record of your injuries. Later, when you file your claim, this will prove to be an important element.

Step 2: Gather Evidence at the Scene

If you are physically able, collecting evidence at the accident scene can significantly strengthen your claim. Important evidence includes:

• Photographs of the accident scene, vehicle damage, and your injuries
• Contact information of witnesses
• Police reports detailing the accident
• Insurance and contact details of all parties involved

Step 3: Report the Accident

It is important to report the accident to the appropriate authorities. In most cases, the police will arrive at the scene and file an official accident report.

This document serves as key evidence in your motorcycle accident lawsuit, should your case get to that point.

Step 4: Contact Your Insurance Provider

Reach out to your insurance provider promptly to report the accident. Share precise details, but refrain from making any statements that might be detrimental to your case.

Insurance adjusters may try to minimize your claim, so it’s advisable to consult with a personal injury attorney before giving detailed statements.

Step 5: Consult a Motorcycle Accident Attorney

Navigating the legal complexities of a motorcycle accident claim can be challenging. An experienced personal injury attorney can help you understand your rights and guide you through the process. They will assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Step 6: File a Personal Injury Claim

Your attorney will help you file a claim against the at-fault party’s insurance company. This claim should include details of the accident, your motorcycle accident injuries, medical bills, lost wages, and other damages. The insurance company will review your claim and may offer a settlement.

Step 7: Negotiate a Settlement or Proceed to a Lawsuit

In many cases, insurance companies attempt to settle claims for less than what victims deserve. Your attorney will negotiate on your behalf to secure a fair settlement. If negotiations fail, you may need to file a motorcycle accident lawsuit. During this process, your attorney will present evidence in court to prove liability and the extent of your damages.

Step 8: Receive Compensation

If your claim is successful, you may receive compensation for:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Other accident-related costs

What Happens If My Claim Goes to Court?

If your motorcycle accident claim goes to court, the process can take several months or even longer, depending on the complexity of your case.

Your attorney will represent you throughout the legal proceedings, presenting evidence, calling witnesses, and arguing your case before a judge or jury.

The opposing party will also have an opportunity to present their defense. The court will evaluate the facts and determine liability. If you win, the court will award compensation based on your damages. However, if the ruling is not in your favor, you may have the option to appeal.

Having a skilled attorney on your side is essential to maximizing your chances of a successful outcome.

What’s Next?

Filing a motorcycle accident claim can be a complex process, but with the right legal guidance, you can improve your chances of receiving fair compensation. If you or a loved one has suffered motorcycle accident injuries, seeking legal assistance can help you navigate your claim efficiently. Contact a personal injury attorney today to discuss your case and protect your rights.