In 2019, the Indiana University Public Policy Institute published a study on motorcycle accidents. It noted that 1,607 people suffered serious injuries in these incidents. The same year had 112 fatalities related to these collisions.
A motorcycle accident lawyer in Plainfield, IN, believes that your rights should be protected after you suffer injuries in a motorcycle accident. Put your focus on healing while our dedicated Plainfield motorcycle accident lawyer handles your case. Reach out to Sevenish Law Firm, P.C. for help today.
We Can Determine Who Is Liable for the Motorcycle Accident
If you want to recover compensation for your damages, your attorney will need to determine who is responsible. To do this, we will need to prove the four elements of negligence have been met, which comprise:
Duty of Care and Breach of Duty
Negligent conduct may have resulted in your accident if the other party did not take reasonable care to avoid the accident and, as a result, harmed others.
Causation means human error, including texting while driving, operating a vehicle while under the influence, and other distractions that cause accidents. A Plainfield motorcycle accident lawyer will look at all of the facts to determine the true cause of the accident that resulted in your injuries.
Damages refer to the ways your life has been affected by your injuries. That does not necessarily mean you must have suffered only financial losses.
You could recover the cost of your financial losses, emotional trauma, and the physical impact of your injuries. We understand that pursuing damages can get complicated. So, we ask that you consider reaching out to our team rather than handling the claims process alone.
For a free legal consultation with a motorcycle accidents lawyer serving Plainfield, call 317-636-7777
We Will Gather Evidence Pertaining to the Accident
A Plainfield motorcycle accident lawyer gathers and reviews all available evidence. Police reports show valuable information, such as witness testimonies and naming the parties involved in the accident. Other evidence we look at to show the negligence of the liable party is photographs and videos, if available.
Plainfield Motorcycle Accident Lawyer Near Me 317-636-7777
Our Team Will Identify the Evidence That Links Your Injuries to Your Accident
Having evidence is just part of the case-building process. We also must tie in how the accident directly or indirectly caused your injuries. A careful review of the medical records will help us make the connection. Reach out to Sevenish Law Firm, P.C. today if you or a loved one wants help.
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We Will Determine What Damages You Could Recover
Many motorcycle accident victims are surprised to find that they can recover both economic and non-economic damages. Economic damages are monetary. They describe all of the ways your life has been affected financially by your injuries. They can be easily verified with receipts, financial records, bank statements, and other evidence.
Non-economic damages account for the ways the accident affected your life. Non-economic damages do not have a fixed monetary value, so it is up to your attorney to quantify them.
Specific types of recoverable damages include:
The physical impact of your bodily damages may require extensive healing and therapy following your motorcycle accident. We will also consider your long-term recovery for internal and external injuries. In addition, if the result of the accident leaves you permanently disabled, you could seek recovery for this as well.
You may require extensive time off work to heal. This recovery is something you cannot rush. It is your right to collect compensation for lost wages now and in the future as you recover your health.
You should receive compensation for property damages, including those sustained to your motorcycle, garments worn, and any other damaged property from your accident.
Wrongful Death-Related Damages
As noted, motorcycle accidents claim the lives of hundreds of people each year. If you’re filing a wrongful death case after losing a loved one, you could seek:
- Funeral expenses, including burial and funeral fees
- End-of-life care costs
- Medical care, such as life support or hospice
- Loss of consortium and household benefits
This is not an exhaustive or complete list. We want to recover every loss associated with your loved one’s passing.
As previously mentioned, non-economic damages do not have financial values. However, you can still add them to your insurance claim or lawsuit’s overall value. In fact, many motorcycle accident victims have reported that the impact of their non-economic damages outweighs their economic damages.
Some types of compensable non-economic damages include:
- Physical pain and suffering
- Emotional distress and mental anguish
- Diminished quality of life
- Loss of society and guidance
- Loss of advice and support
- Loss of love, comfort, and companionship
- Skin scarring and disfigurement
Punitive damages are designed to punish the at-fault party for any actions the court system deems reprehensible or grossly negligent. You may be awarded punitive damages when the court system wants to send a message to the public that similar actions will not be tolerated.
Your lawyer can explain more about punitive damages during your free case review.
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Common Causes of Motorcycle Accidents
When a motorcycle accident that involves an automobile occurs, sometimes it is due to the driver failing to notice the motorcycle. Some automobile drivers do not take the necessary precautions. They may not:
- Keep a safe distance from a motorcyclist
- Allow a motorcycle to pass although they have the right-of-way
- Judge their distance and speed when trying to pass a motorcyclist
- Allow a motorcyclist to enjoy the road and, instead, use the size of their vehicle as a terrorizing machine
- See motorcyclists before they switch lanes
- Open their car door in front of a passing motorcyclist
A Third-Party May Be at Fault in Some Cases
For example, a government entity responsible for road safety may be liable if it didn’t make certain repairs after knowing about a problem on the road.
If a motorcycle manufacturer knew that an installed part was defective but failed to issue a recall, the manufacturer of the motorcycle or the part may be liable.
Indiana Shared Fault Laws Impacting Your Motorcycle Accident Claim
Motorcycle accident victims in Indiana often share fault for their injuries. Fortunately, the state does not prohibit injured victims from recovering compensation for their damages unless their portion of fault exceeds 50%. This is known as modified comparative negligence.
Expect your injury settlement to be reduced in accordance with your percentage of fault. For instance, if you are 10% responsible for causing your injuries, you will only recover 90% of your damages.
Exercise Your Right to Have Legal Representation from a Plainfield Motorcycle Accident Lawyer
Often, an insurance carrier of the liable party will accept liability and ask you to immediately settle. It is wise to consult with a Plainfield motorcycle accident lawyer first, however. Get legal backing and knowledge that helps you stand firm when seeking justice.
Here are some ways insurance companies persuade you to settle without legal representation.
- They pressure you to accept less than you need.
- They falsely place the blame for the accident on you.
- They tell you that your injuries or property damage is not serious.
- They state that it is their right to stretch out the claims process.
- They deny the claim or give you the runaround by asking you to call various representatives who give excuses.
As you recover from your injuries, handling the claims process just adds to your mental anguish and stress. Dealing with all of the paperwork, insurance, and other complications could slow down your physical healing.
Getting well is your main concern, but you cannot neglect to get compensation for your injuries. Leave that duty to a devoted Plainfield motorcycle accident lawyer.
The Limitations for Filing a Claim in Indiana
After an accident, you have up to two years to file a lawsuit under Indiana’s statute of limitations, per IC § 34-11-2-4. The earlier you file, the stronger your case could be. Preparing and building a strong case often takes months.
Therefore, filing at the last minute is not advisable. File early to allow the negotiation process to begin. It is a fact that many cases do not go to trial, but instead, they settle out of court. Either way, Sevenish Law Firm, P.C. is ready to fight for you by managing your case and, if necessary, going to trial.
Talk to a Lawyer Who Can Relate to Fellow Motorcycle Rider Enthusiasts
Our team’s founder, Randall Sevenish, is the Lawyer Who Rides. As a trusted and respected motorcyclist, Randall can relate to the legal challenges you face. Understand that you do not have to fight alone in your battle for fair compensation.
If you were in a motorcycle accident, please call Sevenish Law Firm, P.C. for a free consultation regarding your case. Financial recovery is what you and your loved ones deserve. Let us help you fight for it today.