Westfield, NJ Motorcycle Accident Lawyer

While motorcycle riders deserve to enjoy the roads of Westfield safely, careless drivers do not make it easy. When a negligent driver injures you, Jerry can help you get the compensation you are entitled to.

Being a rider himself, Jerry understands how negligent drivers try to cover for their mistakes by blaming the rider. With his firm’s help, you can rest assured you are being treated fairly. Every aspect of your case will be covered while you recover from your injuries. Jerry will gather evidence of how your accident was caused and the injuries you suffered. After drafting the complaint, he can file your lawsuit if the insurance company is not willing to give you the settlement you deserve. Jerry will not hesitate to take your case to trial.

For a free case assessment with a skilled motorcycle accident attorney, call Jerry Friedman at 1-800-529-4464.

Understanding the Lawsuit Process for Motorcycle Accidents in Westfield, NJ

Lawsuits can be a challenging process that even some professionals have difficulty understanding, especially when they involve motorcycles. However, a lawsuit can generally be broken up into steps that are fairly straightforward. Our motorcycle accident lawyers can walk you through each stage with you so you are fully aware of what to expect. The following is the typical way a lawsuit proceeds for a motorcycle accident in Westfield:

Sustaining the Accident

Unfortunately, the first step to filing a lawsuit is being injured in the accident. Of course, this is a critical stage where you will be without the help of an attorney. However, you can do many things at this stage to start your case off right.

Motorcycle accidents are often serious incidents where evidence might be littered around the accident scene. You will want to preserve as much evidence from the scene as possible before it is cleaned away. Only your testimony will remain once it is gone.

The best way to save evidence is by taking pictures with your phone. While it is best to photograph as much as possible, there are a few shots you will want to get for sure. For instance, take pictures of all the damage to your motorcycle, including the point of impact on your bike. You will also want to get shots of the defendant’s vehicle and where it struck your motorcycle. Also, take photos of where each vehicle was positioned following the crash and the skid marks you notice.

Be sure to photograph any traffic lights, lane lines, and other important details from the scene. Pictures of your injuries usually serve as powerful evidence, as well. It will show how serious your injuries were at the time, even if they have healed since. Another way to document the accident is to call the police and have them complete an accident report.

Investigating the Accident

One of the best aspects of having the police investigate the crash is that they will speak to witnesses who remain on the scene. Most importantly, witnesses’ contact information will be included in the report. If you were not able to speak to witnesses because of your injuries, your police report will fill in the gaps. Jerry can help you get a copy of your report and reach out to witnesses on your behalf.

In many cases, Jerry will go to the accident scene himself to find evidence others might not. Sometimes, surveillance cameras, such as a business’s security cameras, capture the motorcycle accident. If your accident happened in a residential area, a front door camera might have footage. Starting your case quickly is important to preserve evidence like this. After the accident, though, always get medical attention. The investigation will continue with our lawyers as we prepare your complaint to file with the court.

Drafting and Filing the Complaint

Once you get the medical care you need, our team will begin drafting your complaint. The complaint is the document in which you tell your story. It typically starts by identifying the parties and how the named defendant caused the accident. The next parts of the complaint will detail the injuries their negligence caused and what compensation you are requesting the court grant. To back up the claims made in the complaint, we will submit the evidence mentioned above and more.

How long it takes to prepare your complaint will depend on the circumstances of your accident. In general, the more serious the accident, the more preparation it will take. However, you do not have an unlimited amount of time to file. Under N.J.S.A. § 2A:14-2(a), you only have two years from the date of the accident to file your complaint before the court will not hear it. You could be barred from recovering any compensation if you file pass the deadline, unless an exception applies to your situation.

Negotiating a Settlement

Contrary to popular belief, most lawsuits are fought during settlement negotiations rather than trial. Negotiations will depend on the evidence gathered to file your complaint, as well as the evidence we collected during “discovery.” This is a process where our attorneys can demand evidence in the defendant’s possession, which includes their testimony. In most cases, the defendant will be questioned under oath before truly negotiating a final number. If the defendant basically admitted liability, it can make negotiations go smoothly.

Attorneys typically do not argue a great deal over how much of the victim’s financial damages should be covered. Those damages are relatively simple to assess since medical invoices and lost income can be added up. The real conflict is often over how much non-economic damages the settlement should provide. These damages include living with physical pain, emotional distress, humiliation, and other hard-to-quantify losses.

Generally, the first offer will be lower than what the case is likely worth. If you accept a settlement that does not account for all your damages, you will not be able to file another claim if additional expenses come up. Working with Jerry and his team is the best way to get the maximum compensation you deserve as quickly as possible.

Going to Trial

Not all insurance companies see the wisdom in settling a case and are willing to take the case to trial. Our team will be ready to take the evidence we have collected and prepare it to present to the court. Preparing for court can be stressful, but our firm will make sure you are ready.

Before the trial, we will review all the details of your case with you so everything is fresh. However, do not worry if you cannot remember a specific fact while on the stand. We can refresh your memory with the evidence from your case.

Our Westfield, NJ Motorcycle Accident Attorneys Can Discuss Your Case Today

Call motorcycle accident attorney Jerry Friedman at 1-800-529-4464 for a free case review today.