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If you or a family member were hurt in a motorcycle collision, you may be able to seek compensation for your injuries and related costs. Our firm could help you start a motorcycle accident case to hold the responsible party liable in Shelby.
A Shelby personal injury lawyer from our team at Farmer & Morris Law, PLLC can explain your rights to you, offer legal advice, and work to build a strong case for your financial recovery. Consultations are free, and there is no upfront cost for legal representation from our firm.
Types of Motorcycle Wreck Injury Claims in Shelby
There are two main types of claims you may file after a motorcycle accident. Which type you pursue will depend on whether you are seeking compensation for your own injuries or on behalf of a loved one who passed away from the collision.
Personal Injury Claims
If you were hurt in a motorcycle accident because of another driver, you can file a personal injury claim to pursue compensation for your injuries or other damages, such as:
- Medical costs for your current and future treatment
- Time spent in recovery and away from work, leading to lost income
- Pain and suffering
- Other damages you suffered from the accident
Our team can help you value these damages and ensure we account for the damages you face now and in the future.
Wrongful Death Claims
If you lost a spouse, parent, or another close family member in a motorcycle accident and want to pursue damages for this loss, you could file a wrongful death claim. These claims can provide compensation for the unexpected loss of emotional and financial support your family will suffer after losing your loved one.
Wrongful death settlements can also help cover burial and funeral expenses and financially atone for the pain and suffering or mental anguish your family endures as a result.
Grounds for a Shelby Motorcycle Accident Claim
It is not always clear whether motorcycle wreck victims have the right to file a lawsuit or pursue an insurance claim. After everything you have been through, you want to be sure that pursuing legal action is going to be worthwhile.
However, if you are lying in your Shelby hospital bed, wondering what to do next, it is important to consider whether someone else could be to blame for your injuries. If your attorney can show that another party’s negligence caused your motorcycle wreck injuries, they could be ordered to compensate you accordingly.
It is also important to consider how your injuries have affected your life. You may only have the right to pursue your claim if your injuries were impactful. This does not mean that your injuries were life-threatening but that they turned your life upside down or otherwise made it difficult for you to continue living your life normally.
Speaking to a motorcycle accident attorney in Shelby is free of charge. You can learn more about whether you have grounds for your claim when you contact us for a free consultation.
What a Motorcycle Accident Lawyer Serving Shelby Can Do for You
When you are ready to start your motorcycle accident case, a lawyer from Farmer & Morris Law, PLLC can help in a number of ways. We offer compassionate legal guidance, fair experience in personal injury law, and prompt communication.
Filing your claim in Shelby can begin with consulting our team. A team member will first examine all the details surrounding your case to help you understand your legal options. If you decide to work with us, we will begin collecting evidence to help build the case. Our goal is to give you the best possible chance of reaching a suitable outcome, whether through a settlement or court award.
Working with a lawyer from our firm after a motorcycle wreck helps ensure your case is complete when you file it and not rejected for missing or incomplete information. We will also keep you informed every step of the way, communicate with the other party on your behalf, and fight for the compensation that fairly addresses your damages.
What Factors Will Affect Your Shelby Motorcycle Accident Case?
Any number of factors may impact your case. However, all personal injury cases take into consideration both negligence and liability.
Consideration of Negligence
Negligence, in legal terms, refers to a person’s failure to act in a way that someone else reasonably would have acted under the same circumstances. In the case of a motorcycle wreck, this may involve a driver’s failure to follow safe driving practices and road rules, such as:
- Merging or changing lanes without signaling or checking for motorcycles
- Speeding or driving recklessly
- Not yielding the right of way to a motorcyclist when appropriate
If a person struck your motorcycle with their vehicle while committing these or similar actions, that driver could be considered negligent. The presence of negligence is crucial to your case because it allows us to identify who to hold accountable for your damages.
Proof of Liability
A motorcycle accident lawyer in Shelby from our firm can help you hold another party liable for your damages if we can show that they were negligent. Moreover, we must show that their negligence resulted in your injuries and other damages.
If you are unsure whether another party is liable for your financial recovery in Shelby, we can let you know during a complimentary case assessment with our team.
Laws That Apply to Motorcycle Wreck Cases
There are several personal injury laws that may apply to your case. Two of the most prominent of these laws are as follow
Statute of Limitations
It is vital to understand that you do not have an indefinite amount of time to file a personal injury or wrongful death lawsuit.
The statute of limitations, or time limit, for filing personal injury lawsuits in North Carolina is generally three years, according to GS §1-52. As soon as our team is aware of your case and begins representing you, we will determine how long you have left to file a lawsuit. This information will guide our next steps.
Helmet Safety Law
North Carolina law requires that all bikers riding a motorcycle wear a safety helmet, according to the North Carolina Department of Transportation (NCDOT).
Not wearing a helmet does not necessarily bar you from filing a personal injury claim. However, the defense may suggest that you are liable for your own injuries if you were not wearing a helmet at the time of the wreck.
As your representatives, our team will work hard to show that you deserve compensation for the damages from the wreck.
Calculating Damages For Your Motorcycle Accident Case in Shelby
Damages in a motorcycle accident claim are generally grouped into two main categories: economic damages and non-economic damages.
Our team will help you determine which damages you may be able to cite on your claim and what they are worth.
Economic Damages From a Motorcycle Wreck
These damages are meant to compensate you for a specific loss, which can include tangible things, like:
- Loss of income
- Medical costs
- Funeral costs in a wrongful death case
It may also include projected future expenses if you have permanent scars, disabilities, or are unable to work due to your injuries.
Non-Economic Damages From a Motorcycle Wreck
Non-economic damages cover the ways the wreck affected you that cannot be easily calculated. Examples include the pain and suffering or mental anguish you suffered after the wreck.
Case value will generally be decided based on what you had to endure and how it will impact your life in the long term.
Punitive Damages Are Awarded by the Court
Punitive damages are designed to punish the defendant for conduct that is grossly negligent, egregious, abhorrent, or intolerable by the Shelby civil courts. They are not a loss you have the right to recover. Instead, they are awarded as a way of sending a message to the community that the court system will not tolerate conduct of this nature now or in the future.
Your Medical Records Play an Important Role in Your Shelby Motorcycle Accident Case
Our Shelby motorcycle accident attorneys can use your medical records and bills to determine what fair compensation would look like in your case. This is important since motorcycle accidents can lead to severe injuries that could require months or even years of treatment. You don’t want to risk footing the bill down the line.
To protect your right to compensation, see a doctor as soon as possible. Follow through with your prescribed treatment plan so that you can make your maximum medical recovery. Our personal injury lawyers can fight for compensation for both your current and future medical costs.
How Motorcycle Wreck Insurance Claims Work
Motorcycle wreck insurance claims are often complex. Insurance companies may prioritize their financial interests over that of their claimants. It is important to make sure to file your claim in a timely manner and go over your damages in detail with your attorney.
Insurance companies may make you a lowball offer or attempt to blame you for causing the wreck. If this happens, you will want a dedicated attorney on your side who will evaluate fault accurately in your case.
What to Expect From a Shelby Motorcycle Accident Insurance Settlement
Motorcycle wreck settlements often do not cover injury victims’ needs entirely. Many insurance policies only compensate injury victims for vehicle repairs and medical costs. And, insurance settlements are limited by the coverage purchased by the policyholder.
For example, if your medical expenses exceed $250,000, but the defendant only purchased $30,000 per person and $60,000 per accident in bodily injury liability coverage, you could be looking at an excess of medical expenses amounting to $200,000. Always be prepared to pursue a civil lawsuit to recover the most out of your case.
Call on Farmer & Morris Law, PLLC After a Motorcycle Accident
Reach out to our firm for help if you or your loved one suffered injuries in a motorcycle accident in Shelby. A motorcycle accident lawyer at Farmer & Morris Law, PLLC is ready and willing to fight for you.
Contact us today for a free consultation to learn more.
