A motorcycle accident may cause severe injuries, pain, suffering, and financial consequences. On top of that, you may be stressed about the legal process, leading you to wonder if you have to go to court after your motorcycle accident.
The truth is that you may need to plan to go to court. However, sometimes, your Tennessee motorcycle accident attorney can settle for the fair compensation you deserve without you ever needing to step foot in a courtroom.
How Common Are Motorcycle Accidents in Tennessee?
According to the Tennessee Department of Safety & Homeland Security, nearly 20,000 motorcycle accidents across Tennessee occurred from 2016 to 2021. In 2021 alone, there were about 3,000 accidents involving motorcycles throughout the state. That said, motorcycle accidents happen more often than people might think.
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Types of Losses You Can Claim in a Motorcycle Accident Case
When you file a claim for a motorcycle accident, you will need to start thinking about the types of losses you plan to claim. Your losses are the ways that the accident has negatively affected your life. When making a list of your losses, it is suggested that you include both economic and non-economic losses, which may be the following:
- Emergency room visit
- Ambulance ride
- Hospital stay
- Doctor appointment costs
- Physical therapy
- Occupational therapy
- Property damage
- Mechanical repairs
- Pain and suffering
- Mental trauma and distress
- Loss of quality of life
- Loss of companionship
- Home modifications
- Lost income
You mustn’t leave any of your losses out. This is because your motorcycle accident lawyer will advocate on your behalf for the full compensation amount you are owed to help you recover your losses. If you leave anything out, you will receive less money than you deserve.
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Do I Have to Go to Court After a Motorcycle Accident in Tennessee?
You are not legally obligated to take your motorcycle case to court. This decision is typically left up to you. However, the attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC will review your case’s facts and provide the best legal advice.
If our team believes that a trial hearing is recommended for your case, you may want to take the time to consider taking the case to court. In addition, if we cannot reach a fair and just settlement, your case may need to go through a trial.
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Is It Typical for Motorcycle Accident Cases to Go to Court?
If a motorcycle accident occurs, insurance companies for the parties involved will begin negotiating compensation owed to the victims who suffer injuries, property damage, accumulating medical bills, and more. Most of these cases are settled without involving the court, but you should always be ready and assume that there is a possibility that your case will need to go to court.
When an insurance company offers a settlement, you must speak to a Tennessee car accident lawyer to determine whether it is accurate and fair. You may think that it is a wonderful amount. Still, an attorney has the experience and knowledge to know whether or not an insurance company is giving you a lowball offer and if the compensation will pay for your needs.
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How Does an Attorney Settle with an Insurance Company?
Often, an attorney will try to settle with an insurance company outside of court. However, trial hearings are typically the last resort for motorcycle accidents unless necessary. While the settlement process can take some time, it is much quicker and more affordable than a court hearing.
When an attorney settles with an insurance company, they usually go back and forth on the amount of money you are willing to take. For example, if your case is believed to be worth $15,000, your attorney will do their best to reach this number in the settlement. They will start by demanding higher compensation from the insurance company because they know that the insurance company is likely to counteroffer with a lower number.
The insurance company will start with a lower number, hoping you will take less than you deserve. Eventually, your lawyer and the insurance company will come to a fair agreement, or the case will be taken to court. If you do not want to attend your court hearing, your lawyer will go on your behalf and represent you throughout the entire trial.
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How a Motorcycle Accident Lawyer Builds a Strong Case
A motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC will first try to settle with the other parties outside of court. However, it is not uncommon for insurance companies and other parties to choose not to cooperate, meaning that we may need to take the case to trial to pursue the compensation that we believe you need. When this happens, our team will make this process as smooth and stress-free as possible by collecting the proper evidence to fight for your claim, determining liability and the causes of your accident, and showing the jurors and judge the extent of your injuries and losses.
If you need to testify, we will help you get ready and prepare. With our attorneys, you will be fully supported and aware of what to expect.
What if I Want to Represent Myself in Court?
Even though you have the right to represent yourself in court, it is highly recommended that you hire a professional and skilled motorcycle accident attorney who knows the ins and outs of the legal system. Our lawyers have represented many clients with similar motorcycle accident cases, and we know the laws surrounding these issues. Without this knowledge and experience, you may jeopardize the outcome of your case.
As a result, you may lose your case and never see any compensation for your damages.
Contact the Tennessee Motorcycle Accident lawyers at Gatti, Keltner, Bienvenu & Montesi, PLC Today
If you have been involved in a motorcycle accident, please contact Gatti, Keltner, Bienvenu & Montesi, PLC, at your earliest opportunity. We will protect your rights and do whatever it takes to fight for the compensation you need to pay your bills and get your life back on track.
Call our office or fill out our contact form today to begin discussing. Remember, you will never owe us a penny until we win your case.