What to Expect in Your Motorcycle Accident Lawsuit
Motorcycle riders take great care of their safety, knowing that a negligent driver can strike at any moment. However, they might not know what to expect after getting injured and they need to file a lawsuit.
Fortunately, Jerry has been litigating motorcycle accident cases for decades and can clear up any confusion you have about how your claim might proceed. Our attorney can walk you through the elements needed to prove your lawsuit and how long the statute of limitations gives you to file it. He will also be ready to fight any challenges that you do not have a valid claim from the other side. Once litigation starts, he can gather evidence from the defendant and interview them and witnesses under oath. With a dedicated attorney on your side, you stand a much better chance of settling your claim and avoiding a lengthy trial.
Call dedicated motorcycle accident attorney Jerry Friedman today at 1-800-529-4464 for a free and comprehensive analysis of your case.
What You Can Expect When You File a Motorcycle Accident Lawsuit
Most people understand that lawsuits, in reality, are far different from what is depicted in pop culture. While you know a lawsuit can help compensate you for losses sustained in a motorcycle accident, you might not know what to expect after filing one. Motorcycle accident lawsuits can indeed be complex and intimidating for those already reeling from a tragic accident. Fortunately, Jerry, our veteran New Jersey motorcycle accident attorney, can clear up any confusion and walk you through each aspect particular to your case. With his help, you can focus on recovering from your injuries while being fully informed of your claim’s progression.
Lawsuits for motorcycle accidents can typically be divided into several phases. Every case starts with filing the initial complaint, followed by a discovery phase and negotiations once both sides have all the evidence available. Many cases end there, but Jerry will be ready to take your case to court and prepare you for trial if the other side refuses to pay what you deserve.
The Initial Phases of Your Lawsuit
The initial phase of a motorcycle accident claim typically involves figuring out how long the “statute of limitations” gives you to file it. Every state has a statute of limitations, or deadline, for filing a personal injury lawsuit. For example, motorcycle accident victims in New Jersey have two years from the accident date before being barred from filing a claim, according to N.J.S.A § 2A:14-2(a). If you do not have long before time runs out, Jerry can file your claim immediately or see if an exception applies to your situation.
The next step will be to prepare the complaint. This document provides the court with a detailed analysis of your case. The complaint will detail the parties involved, how every element of negligence is met, how the defendant caused the accident, and the damages you have suffered.
You can then expect to wait a short period of time for the defendant to respond. In many cases, opposing counsel will file a motion to dismiss your case for failing to make a “prima facie” claim. However, these motions are rarely upheld by the court. We do not need every piece of evidence at this stage of your lawsuit. The case can move forward as long as we have enough to establish that the defendant injured you and it resulted in damages.
The Discovery Phase of Your Lawsuit
Your lawsuit will move into the “discovery” phase after the defendant answers your complaint and survives any challenges made to it. This is the stage where the legwork in your case will really happen.
During discovery, Jerry can gather more evidence, much of it in the defendant’s possession. Certain legal rules regarding discovery compel opposing counsel to turn over evidence in their possession if it is relevant to the just resolution of the case. Thus, Jerry can gather documents, dashcam footage, and written answers under oath (interrogatories). He can also question the defendant directly under oath during “depositions.” If the defendant’s answers in court differ from those they gave during this period, this evidence can be used against them.
Jerry will also gather evidence you have, or more likely, evidence in the hands of your medical providers. Your medical records, lost wages documents, photos, and anything else we need to substantiate the damages we claim must be given to opposing counsel. Hence, they know how much compensation we seek for your motorcycle accident.
Settlement Negotiations Before the Trial
Settlement negotiations typically take place throughout a motorcycle accident lawsuit, with some cases concluding before the complaint is even filed. However, you can expect most defense lawyers and insurance companies to hedge their bets and wait for discovery to conclude before settling your claim. With an experienced attorney like Jerry representing you, you will get the most out of the discovery phase, making the case more likely to conclude without the added expenses of a trial.
You should rightfully expect to settle a lawsuit after decisively showing that the other driver caused your injuries and providing evidence demonstrating your damages. Unfortunately, that is not always the case. Some defendants and attorneys refuse to cooperate, even when it is in their own best interest to do so. They wrongfully believe that it will not come to a trial. Jerry will be ready to take them to court if they refuse to pay you.
The Trial
Most motorcycle accident claims do not lead to a trail. But if yours does, it will be more than ready to be presented in a courtroom. The evidence Jerry gathered during discovery will already be prepared for trial. Sometimes, it is better to refuse a settlement offer as we might have a better chance of convincing a jury to award you more compensation in a trial.
Call Our Experienced Motorcycle Accident Attorney Today to Get Your Lawsuit Underway
For a free case review with a skilled motorcycle accident attorney, call Jerry Friedman at 1-800-529-4464 today.
