Should You Settle or Go to Court for Your New Jersey Motorcycle Accident?
If you are were in a motorcycle accident, you probably suffered significant injuries. Medical treatment is expensive, even if you have insurance. Co-pays and deductibles can quickly add up, especially if you require long-term medical assistance. If you are unable to return to work, there is also the issue of lost income. One question many injured motorcyclists ask is whether it is better to accept a settlement offer or file a personal injury lawsuit. The truthful answer, according to Jerry Friendman, an experienced personal injury attorney and motorcycle rider, is, “it depends.” Below, our New Jersey motorcycle accident lawyer discusses the benefits of taking your case to court.
Determining What Your New Jersey Motorcycle Accident Claim is Worth
If you are injured in a motorcycle accident that was another driver’s fault, you have two options for seeking compensation for your injuries. You can either work with an insurance company to come to an agreeable settlement or file a personal injury lawsuit against the driver who caused the accident and their insurance provider.
Before you can make an informed decision, you need to know what your claim is worth. If you were hurt because of another driver’s negligence, you are entitled to seek monetary compensation for your financial losses, including medical expenses, physical therapy, necessary modifications to your home, and lost income.
Additionally, you are allowed to recover for your physical and emotional suffering. When calculating these types of damages, an insurance company will turn to a formula that will not reflect the actual suffering you endured. Without knowing or calculating these possible amounts, it is impossible to determine if a settlement offer is fair.
If an insurance company offers a settlement quickly, it might not be possible to understand the full impact of your injury at that time. Often, it takes weeks or months to receive a firm prognosis from your doctor. If you need years of physical therapy and accept a settlement that does not anticipate that required level of care, you are prohibited from filing a lawsuit to collect the difference. Additionally, you might not know the full effect your injury will have on your ability to work in the future just weeks after an accident occurs. Our Linden, NJ motorcycle attorney understands the temptation to accept an immediate cash settlement but also has the experience to realize that many initial settlement offers are insufficient to cover the full extent of a motorcyclist’s damages.
Talking to an Insurance Company After a New Jersey Motorcycle Accident
If you are injured in a motorcycle accident, you should report the incident to your insurance company and will most likely receive a call from the other driver’s insurance provider. Remember, insurance companies are not working for you. They employ attorneys and accountants to minimize the amount they will be required to pay. While an insurance adjuster might sound concerned over the phone, they are only looking for information that could be used to lower or deny your claim. You should stick to the facts and offer no opinions or observations. Any admission of possible fault or any comment that diminishes the extent of your injuries could be used against you. It is important to talk with our Hackensack motorcycle accident attorney before speaking with or accepting an insurance adjuster’s offer.
Advantages to Filing a Lawsuit After a Motorcycle Accident in New Jersey
While there are some advantages to settling your motorcycle accident claim, such as a faster payout, there are circumstances where it might be necessary to file a personal injury lawsuit. Motorcyclists in New Jersey have a reputation for being reckless and insurance companies will typically use this reputation to offer a low settlement amount. If an insurance provider refuses to offer a reasonable settlement or is denying your claim, our experienced New Jersey motorcycle attorney may have to file a personal injury lawsuit to help you receive the compensation you deserve.
Every lawsuit has its risks for both the plaintiff and the defendant. However, it is crucial to remember that when you file a personal injury lawsuit your case will not necessarily go to trial. It is not uncommon for a personal injury lawsuit to settle before it would go before a jury.
During the lawsuit process, our office will gather evidence, including medical documents, police reports, witness testimony, and video surveillance (if available), to help establish that the defendant was responsible for the accident. This process serves two additional purposes. First, it allows our office to value your claim in terms of medical expenses and other costs. Secondly, it provides our office, and the insurance company, an idea of your case’s strength. If an insurance company believes there is a significant risk going to trial, they might offer a better settlement. If that occurs, our knowledgeable New Jersey motorcycle accident attorney will work with you to determine if the offer is sufficient by weighing the amount against the potential and likelihood of a greater jury award.
Call Our Experienced New Jersey Motorcycle Accident Attorney About Taking Your Case to Court
Motorcycle accidents could result in devastating and costly injuries. When an injured person is out of work and facing mounting medical bills, a settlement offer from an insurance company could appear to be the lifeline they need. However, a settlement offer might not be sufficient to cover the total costs associated with an injury. When you accept an insurance offer, you are not permitted to file a personal injury lawsuit – even if there are further medical complications. Our New Jersey attorney for spinal injuries caused by a motorcycle crash is dedicated to helping injured riders and their families receive the compensation they deserve – either through a settlement or personal injury lawsuit. If you or a loved one was injured in a motorcycle accident, call 1-800-LAW-4-HOGS (1-800-529-4464) to schedule a free consultation.
