Personal Injury Lawyer Millburn, New Jersey

Motorcycle Accident FAQ

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A motorcycle accident can happen in seconds, but you may be left dealing with the impact of your injuries for months or years. Dealing with insurance companies can be frustrating, and you may not sure what to do next. All you have are questions. New Jersey motorcycle accident attorney David Leigh can help you find answers.

The Leigh Law Firm, P.C. fights for the injured in Millburn and throughout Essex and Union counties. Attorney Leigh used to represent insurance companies and knows how to fight back against their attempts to pay you less. He is dedicated to making a difference in the lives of his clients by helping them recover the financial compensation they deserve.

Here are some common questions people have after a motorcycle accident:

Get answers to all of your questions and learn about your legal options for recovering compensation during a free consultation. There’s no obligation. We just want you to have the information you need to decide what to do next. Contact us to schedule a time that is convenient for you.

Can I file a lawsuit after a motorcycle accident?

You have the right to file a lawsuit against a negligent driver who caused the accident that left you injured. But the legal process can be complicated. The driver may deny negligence and may even blame you for causing the accident. The insurance company will also challenge your claim. That’s why you need an experienced attorney who knows how to build a strong case that insurance companies have to take seriously.

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What types of compensation can I get in a lawsuit?

It depends on the damages that you suffered in the crash. But in general, in a lawsuit you can seek compensation for:

  • All current and future medical expenses related to your injuries
  • Lost wages if you couldn’t work because of your injury
  • The cost of repairing or replacing your motorcycle
  • Lost future income if you are unable to return to work at all
  • The cost of any needed modifications to your home or vehicle
  • Pain and suffering (in certain circumstances)

A lawyer can review your case and determine the types of compensation you may be able to recover by filing a lawsuit.

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What if the motorcycle accident was partly my fault?

Under New Jersey’s modified comparative negligence system, you would still be able to recover compensation for damages as long as your percentage of fault is 50% or less. For example, if a jury awarded you $300,000 at trial, but you were found to be 50% at fault for the accident, you could recover $150,000. Insurance companies are very familiar with how comparative negligence works. That’s why they will try to put as much blame as possible on you. An attorney can investigate your accident to gather evidence that proves the other driver was at fault.

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Do I need a lawyer after a motorcycle accident?

You are not legally required to have a lawyer when filing a claim for compensation. In fact, insurance companies would prefer it if you don’t have a lawyer. That’s because they have the advantage. They handle claims every day and have a variety of tactics they use to try to justify paying you less. A lawyer can help you fight back against these tactics and negotiate a settlement that meets your needs – or fight for you in court. You can learn more about how a lawyer can help during a free consultation.

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What if I’ll need additional surgery in the future?

Many injuries suffered in motorcycle accidents take years to recover from and may require medical treatment in the future. You have the right to seek compensation for any future surgeries or other treatment that doctors determine you will need. That’s why it’s important to have a lawyer who can fight for compensation for damages that includes all current and future medical expenses related to your injuries.

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How much is my case worth?

That depends on many different factors. These include the type and severity of your injuries, the length of your recovery, how much time you missed from work, the strength of the case, insurance policy limits, and other factors. An attorney can review the details of your accident and your injuries and give you an estimate of how much you can reasonably expect to recover if you take legal action.

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Can I turn down a settlement offer from the insurance company?

Yes. You are not obligated to accept their offer. Insurance companies often make a settlement offer to injury victims soon after an accident. They may say it’s the best that they can do but will promise quick payment. But their offer will fall far short of covering the total damages you suffered. Even offers that are made later in the claims process may fall short. That’s why it’s important to get legal advice before accepting any offer from the insurance company. A lawyer can negotiate a settlement that meets your needs.

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How can I prove the other driver was at fault?

An experienced attorney will have the resources to investigate your motorcycle accident to prove the other driver’s negligent behavior was responsible for what happened. This includes gathering evidence, such as any video from nearby traffic cameras. A lawyer will carefully review accident reports and other documentation, and also interview witnesses. If needed, accident reconstruction experts and other specialists can be consulted. A lawyer can then build a strong case that insurance companies have to take seriously.

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How much time do I have to file a lawsuit?

The statute of limitations (deadline) for taking legal action after a motorcycle accident in New Jersey is two years from the date of your accident. While that sounds like plenty of time, it’s in your best interests to get legal advice as soon as possible. Strong cases are built on evidence, which can be lost or destroyed over time. Witnesses may also forget important details about the accident, so it’s better to interview them while their memories are still fresh. And it can take months for a lawyer to get your case ready to move forward.

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How long will it take to settle my case?

That depends on the complexity of the case and other factors. If a case is fairly straightforward and the insurance company is not aggressively fighting your claim, it may be possible to reach a settlement within a matter of months. But other cases may be more complex and may take a year or more to resolve. An attorney can go over the details of your case and give you a better idea of how long the process is likely to take.

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