Motorcycle accidents have been known to result in catastrophic and life-threatening injuries. These accidents can even prove fatal. If you suffer debilitating injuries in a motorcycle accident, you may have the right to financial compensation if someone else is at fault.
Contact a Gatti, Keltner, Bievenu & Montesi PLC personal injury lawyer in Olive Branch, MS, for more information on how to proceed with your case. We offer free consultations to motorcycle collision victims in Olive Branch and other Mississippi residencies.
When to File a Motorcycle Accident Claim in Olive Branch
It may not always be clear when you have the right to file an Olive Branch motorcycle accident claim. Even as the injured party, you may have concerns that your losses are not severe enough, and you do not want to be accused of attempting to pursue a frivolous lawsuit.
You can, however, turn to your medical records when determining if you have the grounds for a personal injury claim. Work with professionals to determine what injuries you’ve been diagnosed with while seeking out post-accident care. Some of the more common types of injuries seen after a motorcycle crash include:
- Road rash
- Severe organ damage
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Post-traumatic stress disorder (PTSD)
- Compound fractures and broken bones
- Additional catastrophic injuries
The categorization of your injuries doesn’t always determine whether or not you can proceed with a claim, though. You can work with your motorcycle crash lawyer to determine how your accident contributed to your injuries and how you can subsequently demand damages for those losses. Keep track of your medical bills to more easily estimate your case’s value later.
Parties Who May Be Responsible for the Crash
When presenting a personal injury complaint to a civil judge, our legal team needs evidence to prove that a motorcycle collision significantly impacted your day-to-day life. As such, we need to bring forward information about your accident-related injuries as well as evidence of an at-fault party’s roadway negligence.
Our efforts to collect evidence of a violated duty of care after a motorcycle crash also help you distinguish between those parties that might be responsible for your losses. There is a multitude of parties who could share liability for your injuries, some of which could include:
- Negligent drivers
- Safety inspectors
- Government agencies
- Auto parts manufacturers and distributors
- Motorcycle dealerships
- Maintenance technicians
- Government officials
- Other third parties
When you are unsure whether you have grounds for a personal injury claim in Olive Branch, your best option is to reach out to an attorney to discuss your options.
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You can schedule a consultation with our lawyers for free. That’s because most reputable accident attorneys are willing to take your case on contingency. When you work with a firm that operates on contingency, you can trust that firm to cover all the costs and risks of your claim. You will not be expected to cover any attorneys fees unless or until we produce recovery in your case.
For a free legal consultation with a motorcycle accident lawyer serving Olive Branch, call our office ASAP.
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Compensation for Motorcycle Accident Survivors in Olive Branch
As a motorcycle accident survivor, you can pursue compensation for your losses via insurance settlements or trial verdicts. In either case, you have the right to be made whole. That said, an insurance company limits the amount of compensation you can be awarded based on what their policyholder has purchased.
Before you bring your claim to either an insurance provider or a judge, however, you need to estimate the value of your motorcycle accident case. You can specifically request economic damages as well as non-economic damages. Your economic losses can include your:
- Loss of income and future earnings
- Medical expenses and medical equipment fees
- Long-term disabilities and the medical treatment needed to address them
- Physical pain and suffering
Your non-economic damages can cover intangible losses like mental anguish, emotional distress, mental pain and suffering, and the wrongful death of a loved one, if applicable.
You can discuss the extent of your accident-related losses with a personal injury lawyer to calculate their economic value. Once you have an estimate of a fair settlement, you can more effectively negotiate for financial support or argue for your right to damages before a judge.
How Tennessee Shared Fault Laws Could Affect Your Compensation
Tennessee operates on an understanding of modified comparative negligence. This means that sharing fault with a liable party after an accident will not deny you your right to compensation. However, Tennessee does put a 50 percent cap on your right to damages.
Tennessee accident survivors must use their claims to indicate that even if they are at fault for part of an accident, they bear less than 50 percent of the liability for their own losses. If your portion of fault exceeds 50 percent, you will be prohibited from covering compensation for your damages.
Even if you’re responsible for less than 50 percent of your own losses, a court will still reduce your available damages by your portion of culpability. If, for example, you’re entitled to $100,000 after an accident and are found 5 percent liable for your own losses, you can only receive $95,000 upon the conclusion of the legal process.
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What to Expect from the Motorcycle Accident Claims Process
The motorcycle accident claims process can be daunting. However, once you have a better understanding of what to expect, you may feel more confident in pursuing your case. With that in mind, it is important to remember that every claim is different.
Although one person may be able to settle their case through an insurance settlement alone, this may not always be possible for others. Your attorney will carefully examine the circumstances of your case to determine how to best approach your claim. Here is a general idea of what you can expect from your motorcycle crash claim:
- Your attorney can open up an investigation into the cause of your accident
- Throughout the investigation, your motorcycle accidents lawyer in Olive Branch can gather the evidence needed to prove liability in your case
- Before insurance or civil claims can be filed, your attorney can need to go over your damages in great detail to calculate the value of your claim
- Once liability has been established, we could begin filing insurance and civil claims
- Your personal injury attorneys can negotiate with the insurance company to obtain a reasonable settlement
- If your insurance settlement does not cover your damages in the fall, your lawyer can bring your case to court and advocate for maximum compensation at trial
Note, however, that you must submit your complaint within Mississippi’s statute of limitations if you want the right to take this manner of action. Mississippi Code §15-1-15 allows an experienced attorney to take up to three years to provide you with essential legal counsel before you must present your motorcycle accident injuries to a judge.
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Call a Motorcycle Accident Attorney in Olive Branch Today
Are you ready to make the culpable party pay? Get an experienced Gatti, Keltner, Bienvenu & Montesi PLC motorcycle accident attorney in Olive Branch, MS, to work on your case as soon as possible. Our team can give you the legal advice you need to make it through this difficult time.
Get help recovering maximum compensation for your damages when you contact our office for a no-cost, risk-free consultation. Start working on your case as soon as today when you fill out our online contact form or call our office.