While most motorcyclists enjoy the freedom of the open road, they also understand the risks that come with it. According to the NHTSA, a rider is 28 times more likely to die and 4 times more likely to be injured in an accident than the average motorist. If you have been injured in a motorcycle accident, you may want to file to receive compensation for your injuries as soon as possible. This means settling your case fast so you can focus on making a full recovery. The problem is that you might find that the insurance company is not so willing to work with you. They do not always agree that the motorcyclist is without fault. Riding a bike requires extra skill and increased situational awareness. One small mistake can have disastrous results, including the other party pointing the finger at you. This is why many motorcycle injury cases do not end in a settlement. If you were injured in a motorcycle accident, you will need a team of experienced personal injury attorneys by your side. Accident laws in Arizona can be complicated. Phillips Law Group is dedicated to helping its clients get the compensation they deserve. We have been litigating motorcycle accident cases for over 26 years. In that time, our clients have won over $1 billion in damages. We will not let the insurance company intimidate us. Call Phillips Law Group today for a free consultation. There is no fee unless you win.
Arizona’s Accident Laws
Arizona is an at-fault state. This means if you want to be compensated for your injuries, you must prove the other party caused the accident. A personal injury attorney will be able to gather the evidence needed to approach the insurance company about a settlement. It is not always that easy, especially here in the Grand Canyon State. Arizona is also a comparative fault state. In a comparative fault state, the judge or jury will have to determine how much at fault each party is. From there, the damage percentages will be based on the amount of fault there is. For example, if you are 40 percent at fault and the defendant is 60 percent at fault, you will only get 60 percent of what you would have won. You would have to pay out 40 percent for the part you played in causing the accident. The insurance company knows this and will use comparative negligence to its advantage. This is why it is difficult to get a quick settlement. You will need a personal injury attorney who understands the law to negotiate on your behalf. When a dispute arises and there is no swift resolution, taking the case to court will help end the dispute and damages will be awarded.
How Long Can It Take to Settle a Claim?
Unless there is clear, undisputed evidence of who is at fault for the accident, settlements can take some time. It will vary by each case based on how complex the situation is. In some instances, there may be three or more parties involved. Each side will need plenty of time to conduct its investigation and complete preliminary work to decide how to move forward. As the victim, you may want to close the case as fast as possible, but waiting for the investigation could be much more beneficial to you. During this time, you may receive an initial settlement offer, but it’s better to wait. Before you accept the offer, consult your lawyer. He or she will know exactly how much money you need right now and down the road. First offers are often lowball amounts meant to take advantage of your desperation. These will rarely be enough to cover your long-term needs, so hold out for the fair amount your lawyer can aim for.
What Compensation Can You Receive After a Motorcycle Accident?
If you have been injured in a motorcycle accident, you may want to know how much you can get. There are many economic and non-economic factors to consider. Your personal injury attorney will be able to run down the numbers for you based on these factors, which include:
- Medical expenses
- Lost wages
- Future earning capacity
- Lifelong disability
- Mental anguish
- Loss of limbs
- Disfigurement
- Rehabilitation
- Pain and suffering
- Loss of enjoyment of life
You may also be compensated for any property damage to your motorcycle. This can result in being able to make repairs or completely replacing your bike if it was totaled in the accident. You will need to obtain an estimate of the damages from a third-party mechanic. An adjuster will also have to inspect the damages to determine whether they agree with the claim.
The Advantages of Settling a Claim
When it comes to settling a claim, you may be wondering what the advantages are. You might hear that taking the case to court may translate into receiving more money. This is not always true. Settling the motorcycle accident case may be in your best interest.
Financial considerations
Taking a case to trial can be expensive for all sides, including you. Remember, your personal injury attorney will be paid a portion of your final settlement. Lawyer fees add up quickly when a case goes to court.
Time
Time is another major advantage to settling your case. Cases that go to trial can take a long time. Typically, you would have to wait until a calendar date opens for a judge to be assigned, to find a jury (in some cases), and more.
Compensation
Once you agree to a compensation amount, that money is guaranteed to you. There is no guarantee of any amount of money outside of what the insurance company might offer. For example, getting compensation for mental anguish on top of your quantifiable losses may not be possible. Or else you find out that the defendant does not have many assets you can claim. That would lead to your award being dramatically reduced.
Convenience
Once a settlement is agreed upon, both sides get the chance to work out a structure for payment. Many plaintiffs choose a structured settlement because they can pay less in taxes that way instead of receiving the whole amount at once. The insurance company might like that option better as well.
Call Phillips Law Group Today
Whether you desire a fast settlement or want to duke it out for the maximum payout, you will need experienced attorneys to help you. The process is not easy and the insurance company is not your friend. While agreeing to a settlement can be to your benefit in some ways, settling too soon can hurt you in the long run. Phillips Law Group will be able to help you make the best decision for you based on your needs. We did not become one of Arizona’s largest consumer law firms by being intimidated by insurance companies. Our 26 years of experience means we have the knowledge and skills necessary to help you get the highest settlement possible. Contact us today.
Riding a motorcycle can give you an exhilarating feeling that isn’t the same as riding a car. However, the freedom that comes from riding a motorcycle can expose you to dangers. If you have been hurt in a motorcycle accident, a lawyer can help you receive maximum compensation.
You may wonder how long it will take from the time you submit your claim until you get your first settlement payment. This depends on a multitude of factors, but having a reliable lawyer on your side to navigate the motorcycle accident claim process can significantly expedite how fast you can put the accident behind you.
Phillips Law Group has experience helping clients attain satisfactory results from their motorcycle accident claims. As one of Arizona’s largest consumer law firms, we can help you attain a quicker and smoother resolution. Contact us online or call us for your free case review.
Steps Involved in a Motorcycle Accident Claim
Before starting the motorcycle accident claim process, you may want to know what the entire claim process involves. This can give you an idea of the timeline:
- Gather evidence to support your motorcycle accident claim
- File the accident claim
- Negotiate with the liable party
- Reach a settlement or take the matter to court
- Receive settlement payment
The time it takes to complete the motorcycle accident claim process can vary, as the length of each step can be affected by a multitude of factors. When we take on your case, we at Phillips Law Group will do our utmost to resolve your claim with a favorable outcome as efficiently and quickly as possible.
Gathering evidence to support your claim
One important factor that determines how quickly you can reach a settlement could depend on the initial moments after your motorcycle accident. Immediately after your accident, it is essential that you gather evidence that shows the other party is at fault and responsible for your injuries.
Here are some practical steps you can take:
- Take a picture of the accident scene: Keeping a record of the aftermath of the accident can help prove what damages were done. You can also try to write down the circumstances surrounding the incident while it is still fresh in your memory.
- Exchange information with those involved in the accident: Get the name, contact information, and insurance information of all involved. This is needed to send the claim to the appropriate party.
- Get the contact information of eyewitnesses: Any people who were present at the time of the accident can provide valuable pieces of information. They can vouch for what happened to help prove the responsibility of the other party.
After taking these steps, contact a lawyer and provide the information that you have collected thus far. The lawyer’s experienced legal team can then do additional research to find more evidence to support your case.
Filing the motorcycle accident claim
After gathering evidence, the next step is to file the motorcycle accident claim. By this point, there should have been an assessment as to the severity of your injuries, as well as the property damage that was sustained.
The following documents will aid in determining the value of your claim and how much compensation would be a fair settlement:
- A police report of your motorcycle accident
- Proof of medical expenses
- Medical records from a physician
- Proof of lost wages
- Estimates of the cost to repair your motorcycle
Motorcycles lack the external protection that a car may provide. As a result, victims of motorcycle accidents may suffer from more serious injuries and require long-term care. It is vital to consider the long-term effects and the medical care that you may need in the future when calculating what would be a fair compensation amount.
Lawyers handle many cases like yours and understand how much would be a fair amount, taking into consideration a multitude of factors and costs that may not be immediately recognized.
Each state has a statute of limitations, which means you don’t have forever to file a legal claim. For example, in the State of Arizona, the statute of limitations is 2 years, according to Section 12-542. It is best not to delay in filing your claim, once you have an idea as to the extent of your injuries and the damages that were caused by the accident.
Negotiating and reaching a settlement
Insurance companies will no doubt try to have you agree to reach a settlement before going to court. However, most likely, they will suggest a price that is lower than what you could be entitled to have. Do not agree to settle without having input from a knowledgeable lawyer.
Lawyers can guide you through the negotiation process. Although the final decision of whether you agree to the settlement amount falls on you, lawyers can help you to see what would be a fair and just amount based on the damages that occurred from the accident.
This step can vary in length. Some may be able to reach a settlement in a matter of weeks, but others may have to negotiate and fight for a higher amount for months or years. Some insurance companies may also try to put off responding to your claim. Thus, it is essential to have attorneys by your side fighting for your case, making sure you are not taken advantage of.
Going to court if necessary
In the case that a fair amount cannot be agreed upon, it may be necessary to bring the matter to court. However, there are still opportunities to reach a settlement before the case goes to trial. The other party may take the matter more seriously and make a fair offer since they do not want to go through the expense of a trial.
If you are unable to reach a settlement outside of court due to the complexity of your case, the lawyers at Phillips Law Group can become advocates for your case, speaking up on your behalf so that you get a favorable outcome.
Save Time by Getting Help From a Team of Knowledgeable Lawyers
How long a motorcycle accident claim may take to settle depends on circumstances specific to your case. Having a reliable lawyer by your side can help make the claim process go more smoothly and even more quickly. Leave the legal complications to us, so that you can focus on recovering from your motorcycle accident.
Phillips Law Group has a record of success in helping victims of accidents reach a fair settlement. We want to help you receive a positive outcome as well. With nearly three decades of experience behind us, Phillips Law Group has helped many to receive fair compensation. We have worked hard to win over $1 billion for our clients so they don’t have to bear the financial burden of recovery on their own.
We understand that filing a motorcycle accident claim can feel overwhelming. Phillips & Associates can be a valuable asset when navigating your motorcycle accident claim with our abundant experience in handling injury and auto accident cases. Although Phillips & Associates is one of Arizona’s largest consumer law firms, they practice law not only in Arizona but in other states nationwide as well. If you or a loved one has been seriously injured in a motorcycle accident, don’t delay in reaching out to us. Contact us online or call us for your free case review.
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