You can sue for a rear-end motorcycle collision. Typically, you would first make an insurance claim with the liable driver’s provider, but if they do not carry enough coverage, you can pursue the remainder by filing a lawsuit.
Instead of receiving a settlement from their insurance company, you would take legal action to pursue a court-awarded offer. Damages may include medical bills, pain and suffering, and lost wages.
When you suffer injuries in a rear-end motorcycle accident, you may qualify for different types of damages, such as:
- Emergency room visits
- Physical therapy, as well as other forms of rehabilitative treatment
- Doctor’s visits
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of quality of life
If you lost a loved one, you may receive compensation for:
- Burial expenses
- Medical expenses related to the fatal injuries
- Loss of consortium
- Loss of inheritance
You would pursue these damages through a wrongful death lawsuit since your loved one lacked the opportunity to file their own suit.
Laws Relevant to Your Case
Some laws, such as comparative negligence, may affect your ability to seek compensation for your losses.
In Ohio, you can collect damages from a liable party’s insurer as long as you are not more than 50% responsible for the accident.
If an insurance adjuster determines that you bear more than 50% of the blame, you still have an option to file a lawsuit and counter their calculation. You can also attempt to file an insurance claim with your own provider.
Statute of Limitations
If you plan on filing a lawsuit, remember that you do not have forever to do so. Under Ohio Revised Code Section 2305.10, you have two years to file. This countdown begins on the date of the accident.
Similarly, if you want to file a wrongful death lawsuit, you also have only two years to do so, per Ohio Revised Code Section 2125.02.
Negotiations with insurers can take some time, so the sooner you get started, the better.
What to Expect when Suing a Driver
Below are a couple of things that can happen when filing a lawsuit.
Insurers Return to the Negotiation Table
When you take legal action against a liable driver, you send a strong message to the insurance company you made a claim with.
Sometimes, the prospect of a trial can send your case back to the negotiation table, and an insurer that did not previously offer you a fair settlement reconsiders. This situation is ideal because you would not have to wait for the court to process your lawsuit and a trial to ensue to receive damages.
Your Case Proceeds to Trial
If your case does go to trial, you or your lawyer will represent your argument for fair compensation before a judge or jury.
If you are successful, the trial will result in a court-awarded offer.
Motorcycle Injuries That May Result in Compensation
Motorcycles do not have the same safeguards as vehicles, so when a motorist rear-ends a motorcyclist, severe injuries can result for the latter. Injuries may include:
- Broken bones
- Spinal injuries
- Brain and head injuries, including traumatic brain injuries (TBI)
- Loss of limbs
- Eye injuries
- Internal organ damage
Some of these injuries can lead to medical complications that last a lifetime. When seeking compensation, you will want to make sure you account for any future losses related to your injuries.
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How a Lawyer with Our Firm Can Help You with Your Case
Whether seeking compensation through a claim or suit, the process can be overwhelming.
You will have to deal with the liable party while recovering from your injuries. Some victims choose to hire legal representation to help shoulder the burden. A lawyer on our team can help:
- Investigate an accident
- Challenge an adjuster’s evaluation of your percentage of the fault
- Handle all the correspondence with the liable party’s insurer
- Calculate your damages, both economic and non-economic
- Negotiate for fair compensation
- Manage the paperwork associated with a claim or lawsuit
- Represent you in a trial
Having our lawyers can help you pursue fair compensation while allowing you to focus on your recovery and spend time with your family.
Call the Fitch Law Firm LLC for Help with Your Case
When you hire the Fitch Law Firm LLC to represent your rear-end motorcycle accident case, you can rest assured that we will handle it from beginning to end with care. We can advise you of your best options for seeking compensation and keep you abreast of the progress of your case.
Additionally, we work on a contingency-fee basis, so we can get started on your case right away without charging you any out-of-pocket attorney’s fees. Take advantage of our free consultation when you call (614) 545-3930.