Personal injury settlements are a lifeline for motorcycle accident victims. If medical bills and lost wages have put you in a financial bind, it is only natural to wonder when relief will come.
The answer is different for each claim. At Kiley Law Group, we understand the complex issues that affect motorcycle accident settlements.
Would you like to discuss matters relevant to your case? We will take your call to (888) 435-1321 whenever it is convenient for you. You can also learn some factors that could affect a Massachusetts claim by reading the following information.
Why Determining Liability is an Essential First Step?
Being liable means being legally responsible for something. Liable parties are the only ones who may be held accountable for a motorcycle accident. Pursuing damages from the wrong party is a huge time waster.
One study revealed that 70 to 98 percent of civil cases involve people who are unrepresented by a lawyer. But what happens when the case becomes complicated and litigants have life-altering decisions to make?
When the other side refuses to play fair, will they know the laws to protect their rights? Many litigants turn to lawyers only after their civil cases crumble due to liability issues.
Our law firm has the legal know-how and experience to handle even highly complex cases. So how can you get started working with us? You can receive free legal advice during your free consultation. From there, we can gather information to determine liability.
Did someone owe a legal duty to you?
Did another motorist strike your motorcycle? Massachusetts law obligates all drivers to operate their vehicles safely to avoid endangering others on the road.
Even single-vehicle crashes are sometimes the result of other people’s recklessness, negligence, or intentional malice. For instance, did those responsible for the road (or property) fail to keep it in good repair? Did you swerve and crash to avoid a worse outcome?
Did you experience harm?
If someone breached his or her legal duty, our attorneys want to know what problems this caused for you. We invite you to tell us about the damage to your motorcycle, your injuries, and how your life changed after your accident.
Some of our clients face the unfortunate task of pursuing legal action on behalf of a deceased loved one. In Massachusetts, the victim’s relatives can file a wrongful death lawsuit for the monetary losses the accident caused. They can also seek compensation for the loss of companionship or the loss of a marital relationship (consortium).
Multiple parties, such as motorists, pedestrians, local authorities, companies, and others might be liable for your accident. After investigating liability, our lawyers fortify your claim with evidence.
How Injuries Affect a Claim Timeline?
You know your pain and suffering, but describing injuries is not enough to substantiate a motorcycle accident claim. Most insurers require documentation, including:
- Known medical history records: A summary of past and present healthcare checkups, diagnoses, prescriptions, and treatments
- Discharge summaries: Paperwork from a hospital or healthcare center detailing the reasons for your admission, test results, surgery outcomes, and recommendations for treatment
- Psychological evaluations: Some cases require examinations by mental health professionals to establish your mental and emotional health before and after your incident
- Progress notes: Doctor’s descriptions of the status of your recovery
- Referrals: Written orders for you to see a specialist (e.g. orthopedic surgeons, chiropractors, physical therapists)
Medical documentation in written or electronic form can take a while to obtain. Doctors are busy, and dealing with tedious processes to obtain information can be frustrating. Our experienced team can lift much of this burden so you can get quality evidence to support your claim.
Yet, there is another factor that could significantly impact your settlement wait time: maximum medical improvement (MMI).
MMI is the point where your injury or medical condition is unlikely to improve. If you accept a motorcycle accident settlement before you reach MMI, you could lose out on funds that would have covered additional treatment.
To illustrate, suppose your insurance check wipes out your medical debt at that time. Later, however, you discover that your herniated disc is beginning to cause nerve compression, reduced mobility, and muscle weakness.
You get depressed due to chronic pain and your newfound loss of strength.
Since you have already settled your case, you get nothing for these unanticipated complications. Medical debt starts to threaten your family’s financial stability.
Our lawyers can calculate future medical expenses based on physician statements and case studies. If you need to settle your claim before you are fully recovered, you can do so with confidence that potential medical costs like the following have been taken into consideration:
- Follow-up doctor’s visits and care
- Surgery and hospital costs
- Diagnostic tests
- Prescription drugs
- Psychological care
- Rehabilitation and physical therapy
- Medical devices
- Nursing home fees
- Home modifications (e.g. accessible bedrooms and bathrooms, door and hallway widening, ramps, and safety rails)
Click the live chat icon at the bottom of your screen before accepting any offer from an insurance company. Your chat will be free and without obligation, so there is no reason to hold back from getting answers to your questions.
How Insurers Could Manipulate Your Claim Results?
You are not the only one who might become anxious about how long a claim might take. Insurers know that time can affect how much they have to pay.
Consider these factors that insurers can use to their favor:
- Internal deadlines: MassHealth is a program that offers health and dental benefits to residents of the Commonwealth of Massachusetts. Insurers cooperating with MassHealth might rush you to meet their time constraints, disregarding your best interests.
- Desperation: As stress builds up, settling a claim right away can seem like a way to relieve the pressure. Insurance adjusters take advantage of the situation when they offer low settlements, hoping you will settle for less than you deserve.
- Recovery time: If an insurance company settles with you before you attain MMI, they could save thousands in medical fees and lost wage reimbursements. Be wary of any insurer that seems eager to settle your claim before your medical prognosis is clear.
- Unnecessary documentation: You must support your insurance claim with proof of your injuries and accident-related losses. Unethical companies might request you to provide access to personal information not required by law. Not only is it a waste of time, but their motivation could be to find something to discredit your claim.
- Intimidation: Insurers will not hold your hand through your insurance paperwork. Insurers can deny your claim if you make a mistake or omit an important detail. Instead of letting a rejection letter unsettle you, consult our attorneys to learn how to appeal unfair decisions.
- Massachusetts statute of limitations: You have a limited time to file a claim. If you let your guard down, you could lose your right to sue for compensation, regardless of how badly you were hurt.
Rushing or dragging out a settlement could serve an insurance company’s interests. Our knowledgeable legal team can help you stop bad faith insurance tactics from ruining your motorcycle accident claim.
What to Expect When a Court Reviews Your Case?
At times, involving lawyers speeds up the settlement process, and parties agree on a mutually acceptable outcome. We can take civil action on your behalf if a satisfactory resolution seems unlikely.
The basic steps of a personal injury lawsuit are:
- Consultation: Describe your motorcycle accident losses to our compassionate team during your complimentary initial consultation
- Pleading: Attorneys file a complaint with the court and inform the plaintiff of the damages
- Discovery: Both sides gather information and interview witnesses
- Pre-trial: Both parties have an opportunity to make motions (i.e. formal requests for the court to act), and lawyers might file additional pleadings
- Trial: Our legal team and the opposing counsel present evidence to the judge or jury, and witnesses and experts testify
- Post-trial: Both sides have an opportunity to appeal the verdict (i.e. contest a judgment)
For over 40 years, Kiley Law Group has stepped up to defend our clients’ rights in court when they need us. We have obtained more than $500 million by building strong claims and appealing unjust rulings.
We Are Here As Long As You Need Kiley Law Group
The moments after a motorcycle crash can be surreal. Physical and emotional pain could leave you hurting and feeling hopeless. Let Kiley Law Group put your mind at rest.
Perhaps your case is simple, and our attorneys can settle it for you in a short period of time. However, the more complex your motorcycle accident claim is, the longer it might take to resolve. All the more reason to hire a lawyer! The more help you get, the more you can focus on your recovery with peace of mind.
Our phone lines at (888) 435-1321 and our online live chat are always open. You can even call us from the scene of the accident if you need immediate legal advice. Why wait to make the call?
The sooner you hire the time-conscious lawyers with Kiley Law Group, the sooner we can apply our knowledge and experience to resolve your claim. Best of all, you won’t have to worry about legal fees until we win.