Pop culture hasn’t been kind to the legal field. Today’s most popular shows would have you believe that pursuing a lawsuit costs more than it’s worth or that lawyers only have their own best interests in mind. This couldn’t be farther from the truth. Not only can Indiana motorcycle accident lawyers help you recover, they can do so without adding to your financial woes.
Vaughan & Vaughan can specifically connect you with an Indiana personal injury attorney who can break down the legal process on your behalf. You can count on our team to be transparent and forthcoming, particularly in the face of any questions you might have about the steps involved in a typical motorcycle accident lawsuit.
With that in mind, let’s break down the steps you may need to take should you choose to move a motorcycle accident lawsuit forward in Indiana’s civil courts.
Step 1: Get the Medical Attention You Need
You should never try to pursue a motorcycle accident lawsuit without first having a medical professional attend to your post-accident injuries. There are two reasons for this:
First and foremost, you can more effectively pursue a motorcycle accident lawsuit if you’re healthy and hale.
Second, medical professionals can make note of the severity of your injuries if you work with them after an accident. You can then submit those records as evidence of your losses when you move to take your case to civil court.
Document the Crash Scene
You should work with medical professionals as soon as you can after a motorcycle accident. That said, if you’re not in need of emergency services, you can use the time between your accident and the arrival of emergency responders to document the scene of your crash. Take photos, communicate with witnesses, and get a liable party’s insurance information.
You can later contribute this information to your case or request that an attorney act on it.
Step 2: Work With Relevant Insurance Providers
Generally speaking, you don’t have to work with an insurance provider to file a motorcycle crash lawsuit. That said, if an insurance provider offers you coverage for some of your accident losses, you may have to exclude those damages from your lawsuit. With that in mind, it’s important to have an attorney discuss your right to post-accident support with a relevant insurer.
Step 3: Determine Your Case’s Value
It’s an attorney’s job to use evidence and analysis to determine who to hold liable for your motorcycle accident losses. We can use some of that same evidence to determine what the value of your motorcycle accident lawsuit may be.
So long as we have the evidence needed to prove your right to compensation, you may include the cost of the following losses in your request for support:
- Restoration of lost property
- Replacement of damaged property
- Medical expenses and long-term care, including pain management
- Lost time at work
- Lost opportunities to pursue employment
- Emotional distress
- Pain and suffering
Step 4: Bring Your Case to a Judge
Unfortunately, you have a limited amount of time to complete the aforementioned steps. If you want your claim to move forward, you need to submit said claim to a judge within Indiana’s personal injury statute of limitations, outlined in Indiana Code section 34-11-2-4.
This statute notes that you only have until the second anniversary of your accident to act on your losses. Fail to bring your claim forward, and you may waive your right to comprehensive compensation.
Step 5: Choose Your Best Path Forward
Once you put your claim in a judge’s hands, it’s up to the court whether or not your case moves forward. Should you get the go-ahead from a civil judge, you get to decide how you argue for your right to compensation. You can go to trial or try to resolve your case in out-of-court negotiations.
Neither process is better than the other. Negotiations can resolve more quickly than trials, but they also put you in close proximity to a liable party. In other words, negotiations can get tense, particularly if the liable party refuses to acknowledge their role in your accident. That said, trials can prove lengthy, even if they lend some structure to your debate.
You can work out which path toward compensation you want to take during an initial case evaluation with our lawyers.
What to Expect If Your Case Goes to Trial
Not every motorcycle accident lawsuit goes to trial. If you can’t settle out of court, though, you should expect to take your case before a judge. Fortunately, Indiana’s motorcycle crash lawyers can prepare you for this process. You can expect to undergo:
- Discovery
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation and verdict
We take over opening statements and can prepare you for examination and cross-examination, if necessary.
That said, you may not have to take the stand. You will, however, have to be present for all of your relevant court dates. Fortunately, our team can keep you on top of essential appearances while allowing you the space you need to recover.
Vaughan & Vaughan Makes the Civil Process Easier to Handle
Our team understands that filing a personal injury claim can be daunting. That’s why we make every effort to break down the civil process and prepare you for its many steps. If you have questions about what to expect from a motorcycle accident lawsuit, you can bring them to us during a free, no-obligation case evaluation.
Vaughan & Vaughan’s team of experienced personal injury lawyers will happily sit down with you to discuss the ins and outs of a motorcycle accident case. Should you choose to move forward with a lawsuit, you can count on us to helm your investigation and represent your best interests.
You can contact us today to book your lawsuit consultation.
