Motorcycle accidents and the injuries that result can cause a great deal of financial strain for an accident victim and their family. If you got hurt in an accident and are wondering how much it will cost to hire a motorcycle accident lawyer, it may surprise you to learn that a lawyer does not always charge upfront fees.
A motorcycle accident lawyer can work for you on a contingency basis, which means they only get paid if they win your case and you receive a settlement. The Federal Trade Commission (FTC)confirms that in most cases, the lawyer will take a percentage of your settlement as their fee—but this fee is always negotiable.
A Closer Look Into the Contingency-Fee Plan
Personal injury law firms that handle motorcycle accident cases may serve clients on a contingency-fee basis. With this payment arrangement, these firms:
- Offer a free consultation that comes at no obligation or risk
- Take no payment out of pocket or up front
- Do not charge by the hour
- Do not require a retainer fee
- Work to alleviate the financial burden the motorcycle accident caused
The lawyer’s payment comes out of the settlement or court award they obtain for you once they resolve your case. In the event they cannot settle or win the case, they don’t take anything from you.
When you meet with a firm and decide to work together, you will go over the contingency plan in greater detail. The two of you will agree on a portion the lawyer will take as their payment. Lawyers usually take between 33 to 40 percent of the compensation. This agreement will help ensure there are no surprise fees.
You May Have to Pay Additional Fees if You’re Motorcycle Crash Case Goes to Court
While lawyers do not charge any upfront attorney’s fees, you may still have to pay other costs such as the court fee, the fee for an expert witness to testify in your case, or the cost of requesting certain documents you may need for your claim.
While some attorneys may charge you for these services, others will take them from your settlement along with their attorney’s fees. To find out more about attorney’s fees and other charges, you should speak to a motorcycle accident lawyer who can advise you regarding your case.
The Benefits of Hiring a Motorcycle Accident Lawyer
If you got into a serious motorcycle accident and are left with medical bills, property damage, and other costs as a result, it can be tricky to hold the negligent driver accountable without legal help.
A lawyer can protect you and act in your best interests.USA Todayreports that while you do have the right to represent yourself in a court case, missing simple steps in the court process can easily trip up those who self-represent—ultimately leading to them leaving money on the table.
A motorcycle accident lawyer can take charge of your entire case and give you peace of mind, especially if proving negligence of the other driver turns out to be tough. It is one thing to “know” that the other driver is at fault, but you will have to prove their fault and negligence with hard evidence. A lawyer can help:
Build Your Motorcycle Accident Case
A motorcycle accident lawyer can analyze your case thoroughly and gather the evidence necessary for your claim. Common types of evidence employed in motorcycle crash cases include:
- Photographs of the motorcycle damage, your injuries, and the scene of the crash
- A copy of the police report
- Traffic video footage capturing the crash
- Relevant medical records
- Traffic citations the other driver received
They can also supply any expert witnesses if required for your case.
Identify the Party That Is Liable for the Accident and Your Injuries
Every bit of evidence we gather should reflect who was responsible for the accident. It could have been:
- Another driver
- A mechanic
- A government agency
- A vehicle parts manufacturer
- Another road user
In some cases, more than one party contributed to the accident. We can prove everyone’s negligence by employing these elements:
- Duty of care: The other party was to behave prudently, making your safety their main concern.
- Breach of duty: They did not uphold their duty of care and acted negligently.
- Causation: They caused an accident, which led to your injuries.
- Damages: You suffered damages, such as past and upcoming medical bills, lost wages, property damage, pain and suffering, and more.
Negotiate Settlements With the Other Party’s Insurer
Sometimes, the at-fault party’s insurance company will approach you to try and settle out of court. While an out-of-court settlement can work out in your favor, do not agree to anything without discussing the offer with your attorney first.
In most instances, the insurance company is trying to get you to accept a low-ball offer and sign away your rights to legal action. Your motorcycle lawyer can negotiate with your best interests at heart.
File a Personal Injury Lawsuit Within State Deadlines
Filing a personal injury lawsuit may be the most appropriate legal route for you to take. However, you must be aware of the statute of limitations your state enforces. The statute of limitations is a deadline by which you must file your lawsuit.
If you delay, you risk the statute running out. As a result, you may not be able to pursue awards from the other party. Getting a motorcycle accident lawyer involved in your case sooner rather than later will help ensure that your lawsuit is filed in time.
Fight Your Personal Injury Case in Court
If the parties are unable to agree on an out-of-court settlement, a motorcycle accident lawyer can fight for your rights and compensation in court.
Having a lawyer on your side also leaves you free to recover from your injuries while the lawyer works on building your case and fights for justice on your behalf.
Causes of Motorcycle Accidents
Many motorcycle crashes are the fault of car drivers who either overlook the motorcyclist or misjudge speed. According to the National Highway Traffic Safety Administration (NHTSA), about one-third of all crashes occur due to a car driver turning into the path of the motorcycle.
Other reasons for motorcycle crashes include:
- Driving while intoxicated
- Improperly passing
- Distracted driving
- Following too closely
- Driving recklessly
In any serious accident with a car, the motorcyclist is usually worse off because they lack the protection of an enclosed vehicle. Injuries can be catastrophic and affect the motorcyclist for the rest of their lives. If someone else is at-fault for causing your injuries—due to breaking traffic laws, for example—they should pay for your damages.
You May Suffer Physically, Emotionally, and Financially After a Motorcycle Crash
A motorcycle lawyer may be able to help you recover compensation that can cover any medical costs now and in the future. A settlement can also include amounts for lost wages and other costs related to the accident. Depending on your injuries, you could also recover awards for loss of life enjoyment, physical suffering, and emotional distress, among others.
If you lost a loved one due to their motorcycle accident injuries, you and your family could pursue wrongful death damages. They may include medical bills, funeral expenses, loss of inheritance or income, and/or loss of consortium.
Ben Crump Law, PLLC, Can Work for You
When you have suffered financial damages and injuries due to the fault of another, it is natural to wonder how much it will cost to hire a motorcycle accident lawyer to help with your claim. At Ben Crump Law, PLLC, our motorcycle accident attorneys work on a contingency basis, so you do not have to worry about any upfront attorney’s fees. You will also benefit from an free initial consultation. Moreover, you will pay us only if and when we win your case.
If someone else caused your accident and injuries, they should make you whole again. To learn how we can help, call Ben Crump Law, PLLC today at (800) 924-3113. The first consultation is complimentary and comes at no obligation.