While all auto accidents have the potential to be severe, motorcycle crashes are known for being particularly dangerous. Riders are not protected inside enclosed vehicles, so the risk of serious injury is often much greater. Although riding a motorcycle has its risks, drivers in cars more often cause accidents, and riders suffer for it.
Depending on the extent of your economic and non-economic damages, your case may be worth a substantial sum of financial compensation. To get the compensation you deserve, we must prepare strong, effective evidence, including things like photos, videos, witness testimony, and medical records. Once we have gathered what we need, we must file the case before the limitation period set by the statute of limitations closes. An experienced attorney should help you assess your case and prepare for a potential trial.
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case review from our motorcycle accident lawyers.
What Your Motorcycle Accident Case May Be Worth
One thing most plaintiffs want to know is what their claims might be worth. This is a fair question to ask, as you might not want to pursue legal action if the ends are not worth the means.
A big part of your claims may revolve around economic damages that represent the costs of the accident. Expenses incurred to repair or replace your bike may be significant, and your medical bills might be off the charts. On top of all that, your injuries might prevent you from working, leaving you with high bills and no income. All these losses may be claimed in your case.
Some damages are not proven based on monetary costs but are instead rooted in subjective personal experiences. Your non-economic damages may include claims of significant physical pain, emotional turmoil, psychological distress, and more.
Although rare, punitive damages may be awarded to punish defendants for extremely bad behavior. In Massachusetts, punitive damages are not available unless specially authorized by a statute. Most personal injury claims are ineligible for punitive damages unless the claims involve wrongful death. If you lost a loved one in a motorcycle crash, your claims might be eligible for punitive damages.
Evidence You Need to Build Your Brockton Motorcycle Accident Case
Building your case may require extensive evidence and records related to the accident. The evidence we are able to obtain may determine what legal strategies our motorcycle accident lawyers pursue in your case.
Many people begin gathering evidence immediately after the accident as they wait for help to arrive. If you can, you should take photos and record videos of the accident site. Since the authorities quickly clear away accidents, important details are often lost. Your photos and videos may preserve valuable information we can use to support your claims.
Additional evidence may come from the people present when the motorcycle accident occurred. Witness testimony is often considered the backbone of many civil injury cases, and other drivers, passengers, and passersby may provide valuable insight into how the accident occurred. Your own testimony may be equally important.
You must also come prepared with records of your injuries and medical expenses. Your medical records from when you were treated for injuries may help us prove important information about how you were hurt and the extent of your injuries.
When to File Your Case in Court
Your time to file a claim for damages from your motorcycle accident is limited. If you cannot file your case before your time runs out, you might be unable ever to receive fair compensation.
Claims must be filed within the limitation period set by the statute of limitations. In Massachusetts, personal injury claims for things like motorcycle accidents must be filed within 3 years, according to Mass. Gen. Laws Ch. 260 § 2A. Your time usually starts on the day of the accident.
Under very specific conditions, plaintiffs may have the statute of limitations tolled and the time they have to file their claims paused. Tolling may be available for minors and incapacitated plaintiffs under § 7.
If you were a minor when the crash happened, your limitation period may not start until you turn 18, giving you until age 21 to file. If you have a legal disability that prevents you from taking action on your own, you may have the statute of limitations tolled until the disability is removed.
How to Start Your Case
While most people know they have the option to file an injury case, they might not know how to get started. The law is highly complex, and you should not try to handle your case alone.
Getting Medical Attention
Beginning your case starts with getting emergency assistance. If you or someone else at the accident scene has a phone, call 911 and get the police and an ambulance sent to your location. The police may investigate and render emergency aid while waiting for the ambulance. Motorcycle accidents are known for coming with severe injuries, and you need to see a doctor immediately.
Gathering Evidence and Recording Damages
Once you have received necessary medical care and spoken to the police, talk to your lawyer about gathering evidence and records.
We may need copies of your medical records to establish your injuries and medical costs. In addition, we should obtain records of other costs, like vehicle repairs and the cost of replacing damaged personal belongings.
You should also consider what kind of painful experiences you have endured because of the accident. Talk to your attorney about your pain, trauma, and suffering.
Calling a Lawyer
To begin preparing your case, you should hire an experienced attorney who knows how to handle motorcycle accident cases. Yor lawyer should be able to assist you in gathering evidence, assessing damages, planning legal strategy, and navigating complicated court rules and procedures.
Our Brockton Motorcycle Accident Attorneys Are Here to Help
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case review from our motorcycle accident lawyers.