Victims have four years from the time of their motorcycle accident to file a claim under Nebraska law. You shouldn’t wait that long to do so, however. The sooner you take action, the more accessible evidence and witnesses will be.
A motorcycle accident claim may be possible to settle out of court. If you wish to pursue a settlement, work with your Nebraska personal injury attorney to file a claim. If the insurance company does not agree to the claim, you may end up in a court of law.
Gather Evidence to Prove Your Case
The process of gathering evidence to support your claim starts right after the accident. If you’re able to do so, take photos, get witness contact information, and request copies of the police report. You also want to ensure you reach out to local businesses that may have cameras that captured what happened. In a residential area, surveillance cameras on homes may help you.
In addition, you can request help from your attorney to prove your case through evidence and records on file related to your incident. Your attorney can help you gather data from all sources. Some types of evidence to seek out may include:
- Interrogatories. These are a set of written questions delivered to the other party in the accident to gather information related to the case.
- Depositions. Depositions include any description of the facts or details of a case provided by another party. This may include others involved in the accident, such as passengers in vehicles.
- Production of Documents. These documents request the applicable parties produce specific documents that may be helpful in learning more about the other person and used as evidence at trial.
Negotiate With the Insurance Company
In most situations, your goal is to settle your motorcycle claim as quickly as possible. This is best done outside of court, but talking to an insurance adjuster is complex. Saying the wrong thing could lead to implications of guilt or even a reduction in how much you can claim. For that reason, it’s best to allow your personal injury attorney to handle the claim with the insurance company.
Insurance companies don’t want to provide fair damages. They want to minimize what they pay out. They may try to find ways to reduce what they owe to you. Your attorney will work to minimize these risks.
What to Do If the Insurance Does Not Settle
Sometimes the insurance company will refuse to settle the case altogether. Other times, they may counter your claims with a very low settlement account. If the funds do not cover your bills and meet your recovery needs, you have the right to head to court to have the jury or judge make a decision in your case.
Calculate All Damages Related to Your Case
As you prepare to file your claim, it is essential to have a clearly outlined list of the losses you’ve suffered as a result of the motorcycle accident. Some examples of potential damages include:
- Medical bills from emergency rooms
- Surgical procedures
- Ongoing specialist care
- Medications prescribed to you
- Rehabilitation care and services
- Pain and suffering you’ve endured
- Loss of function of limbs
- Inability to do your job any longer
Don’t underestimate your losses. Will your injuries cause long-term pain? Will they have a lasting impact on your ability to earn a living? Ask the hard questions about your motorcycle accident. Discuss these concerns with your doctor, too. That way, your claim is accurate and backed by evidence.
How a Motorcycle Accident Lawyer Can Help You
At the Law Office of Matthew A. Lathrop, PC, LLO, we work closely with you to understand what happened and to help you file your claim. We’ll work with the insurance company for a settlement or take your case to court for you. Our goal is to protect your compensation rights. To learn more, schedule a free consultation with our team today.