While riding a motorcycle is an enjoyable pastime, it can be one of the most dangerous ways to travel. The design of the vehicle offers riders little protection to supplement their protective gear. According to the Wisconsin Department of Transportation (DOT), there were more than 1,800 motorcycle accidents in the state in 2019. Of these accidents, the majority were able to walk away with only injuries.
After a motorcycle accident, you might be able to take legal action against the person who was deemed liable for the accident. Doing so may help you win financial compensation that you can use to pay for recovery expenses. If you are unsure if you have a viable case, discuss your circumstances with the office of a Milwaukee motorcycle accident lawyer. Call the offices of Ben Crump Law, PLLC, at (800) 924-3113 to discuss your legal options during a free consultation.
Determining Liability
Often, the person responsible for your accident can be held liable for your economic and non-economic damages. However, depending on the circumstances, another party might be deemed liable for the accident.
Since motorcycles are prone to having problems with defects in roadways, you might be able to hold the government responsible for damage or an accident caused by poorly maintained roads. Local governments are responsible for maintaining roadways, including repairing potholes and clearing debris from the road. If they fail to do so, they may hold some of the liability for your accident.
If you hire a lawyer, they will look into the question of liability at the beginning of your case. Different civil suit methods may be used depending on the liable party. For example, most governments require you to file a claim with the agency and wait for a response before you can file a lawsuit. Determining liability will inform your next steps.
For a free legal consultation with a motorcycle accidents lawyer serving Milwaukee, call (800) 924-3113
Statute of Limitations
Many motorcycle accidents result in extensive property damage and serious injuries. Right after the accident, you might not be thinking about taking legal action. Instead, most people think about scheduling vehicle repairs and recovering from physical injuries so that they can get their life back on track. While this response is understandable, you won’t want to wait too long to take legal action.
There is a limited period of time in which you can file a lawsuit after your accident. This statute of limitations sets a deadline for your lawsuit to be filed with the state. According to the Wisconsin Statute § 893.54, you have three years to file a personal injury lawsuit. If the accident resulted in death, you have two years to file a wrongful death claim. If the deadline passes, your case is likely to be dropped by the court for technical reasons.
Reach out to a lawyer to ask how the statute of limitations affects your case. Contact the team at Ben Crump Law, PLLC, for more information.
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Settlement vs. Trial
While some lawsuits go to trial, most civil cases end in settlement agreements. This is common when insurance companies are involved. A settlement agreement is a contract in which you accept compensation in exchange for dropping your suit. Insurance companies use them to handle claims and avoid spending a large amount of time and money on a trial. A settlement means that you can end your lawsuit sooner while retaining the opportunity to negotiate the amount of compensation that you receive. Before you accept an agreement, you might want to review it thoroughly with your Milwaukee motorcycle accident.
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Lost Wages and Other Expenses
There are several types of commonly claimed expenses that you can claim in your lawsuit. These losses include:
- Property damage: Motorcycle accidents usually result in property damage. Because they only have two wheels, motorcycles cannot stay up and stay balanced during a collision, resulting in collapse and excess damage. Aside from the motorcycle, other personal items can be heavily damaged, including the riding gear that you are wearing.
- Medical expenses: Motorcycle accidents usually result in significant medical expenses because motorcycles provide less protection for riders than cars do. Expensive emergency medical care is usually needed after an accident, in addition to ongoing care during recovery.
- Lost wages: You might have to miss time at work after your accident, which can impact your finances. You can claim the wages that you lost in your lawsuit.
There are other types of expenses you can claim in your lawsuit that are not covered on this list. If you are not liable for an accident, you should not have to handle the costs of your recovery alone. Taking legal action can help you collect financial compensation that you can use to deal with these financial issues.
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Contact a Lawyer to Discuss Your Case
Recovering after a motorcycle accident is difficult when you have financial and physical injuries. While medical care can help you with your physical injuries, filing a lawsuit to collect financial compensation could help you repair your finances. If you have questions about the legal process, get in touch with the office of a Milwaukee motorcycle accident lawyer for guidance. You can call the offices of Ben Crump Law, PLLC, at (800) 924-3113 for a free consultation with our team.
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