Have you been injured in a motorcycle accident?

The following might make a big change in your life…do you have physical injuries and have you incurred medical bills or other costs, that happened due to a motorcycle injury or accident? Under the tort law personal injury system, you can initiate a lawsuit and charge the person for compensation. So, what do you need to know in filing for a suit that involves an injury due to a motorcycle accident?

Personal injury law can be defined as the area of civil law referred to for a negligence injury lawsuit. In personal injury law, the plaintiff is the victim of an alleged accident or in the case of wrongful death, the loved one of the victim. The defendant is the one believed to be legally on the hook for the physical damage or injuries that occurred. Usually, personal injury lawsuits are meant to provide compensation to the injured party and admonish the repetitive nature of the behavior that caused the injury. Specific rules apply to personal injury lawsuits that  vary depending upon the jurisdiction where the suit is brought and other factors involving the case.

To establish a successful personal injury lawsuit that’s resulted from any motorcycle accident, liability and damages are key elements. In proving liability, the plaintiff has to  establish that the individual did bear legal responsibility for injuries. The extent of the amount of injury or loss, can be noted to as damages incurred because of the defendant’s action or negligence.

Usually there are three bases are referred to in determining the elements of liability and damages:

  1. intentional wrong doing,
  2. negligence and
  3. strict liability. 

Intentional wrong doing is often when the defendant might have known and/or planned for the injury to be inflicted. This is not often used and when this arises, can be brought along with criminal charges. Negligence means that often the defendant is accused of being responsible for the injury through a failure to avert it.

Slip and falling injuries, reckless or inattentive drivers who cause motorcycle accidents are circumstances that might be involved in a personal injury lawsuit based on gross negligence. The legal responsibility, for example the making or release of defective or products that are unsafe or are involved in suits based on strict liability. Assuming the product was being used as instructed, the strict liability will apply regardless or if its malice or negligence.

Most frequently personal injury lawsuits are normally settled outside of court and sometimes prior to the start of court proceedings by the motorcycle injury attorney. Those that do elected to be tried are either heard by a judge or a jury to make a some type of legal decision based on the fault and extent of damages. In some odd cases, the judge has to asess the amount of money to be given to the plaintiff, other cases the jury makes the decision. A motorcycle accident lawsuit might result in a case that numbers well into millions of dollars.

The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.

Once you can determineif  it was a result of an accident or negligence, you must file your claim right away. There are certain time limits that a suit can be brought against a municipality or government. Keep in mind that every state has their own statutes of limitations, so you must double check with your own state on what the rule is there. It’s best to be safe though when riding and where the appropriate safety equipment that might even help in a case.

If you’re thinking that you are qualified and want to file for personal injury or damage lawsuit, it is important to find an experienced motorcycle crash attorney immediately. Please keep in mind, that there is a finite amount of time that is allowed or given to file for a personal injury lawsuit and the statute of limitations does vary from one jurisdiction to another. Get help and consult a lawyer so that you can come through with a winning strategy

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