How Does a Motorcycle Accident Case Work from Start to Finish?

What should one do when they find themselves amidst a motorcycle accident in Boca Raton, Florida? Most people will say to file a case or take the matter to court. However, not everyone is aware of what these matters consist of and what they require. In such cases, it’s very crucial that people are aware of their rights and options when filing a motorcycle accident case.

That’s why, in this article, we’ll be explaining each and every step of how a motorcycle accident case works.

Contents

1 What Should You Do After a Motorcycle Accident?
2 How Does a Motorcycle Accident Case Work?
3 Conclusion

What Should You Do After a Motorcycle Accident?

Even though motorcycle accidents can be chaotic and stressful, you must take immediate steps to secure your safety and protect your legal rights. These steps include the following:

Seek Medical Attention: Your health should be your immediate priority after a motorcycle accident. So, seek medical attention even if you don’t feel injured. A lot of the time, the injury could be internal and not initially apparent. A medical professional will then assess your condition and make a report of your injuries.
Report the Accident: According to Florida statutes, individuals must report any accident involving injury or property damage exceeding $500. The police will then document the accident, interview witnesses, and create an official report. Obtaining an official report from the police is necessary, as it serves as vital evidence for your legal case.
Collect Evidence at the Scene: At the scene of the accident, gather relevant evidence that can help your case. Evidence includes taking photos of the involved vehicles, visible injuries, skid marks, road conditions, and traffic signs. Only do so if your injuries permit it and you’re physically able to do so.
File a Claim: Once everything’s taken care of, you must immediately file an accident claim. For this step, you’ll need to hire a Lytal, Reiter, Smith, Ivey & Fronrath – Boca Raton motorcycle accident lawyer. They’ll help you prepare and submit the necessary paperwork to the appropriate authorities. Furthermore, a lawyer will draft and send a demand letter outlining your case, the injuries you sustained, and the settlement demand.

How Does a Motorcycle Accident Case Work?

Once you’ve initiated the legal process, there are several steps you’ll go through to keep your leg up in this case. Here are those steps from start to finish:

1. Investigation and Case Evaluation

With the help of a motorcycle accident lawyer, you’ll need to investigate and evaluate the details of your case. This step is especially important since it lays the foundation for your legal strategy and determines the strength of your claims. This step includes collecting official evidence related to the accident, like medical reports and police records. Your lawyer might also consult with accident reconstruction experts and medical professionals for an in-depth outlook on the accident.

Based on the investigation and evidence gathered, your lawyer will develop a legal strategy supporting your case. They’ll determine how the other party was at fault for the accident and estimate the extent of the damages you’ve suffered.

2. Settlement Negotiations

The next step involves negotiating with the opposing party and their insurance company to reach a settlement. They’ll respond to your demand letter with their own settlement offer, which may be lower than what you requested. Your lawyer will then review their offer and further negotiate on your behalf, trying to reach a fair settlement. This process generally takes up several rounds of offers and counter offers.

Here, your lawyer’s goal is to secure the best possible outcome for you. They’ll be considering your immediate and future costs, including medical expenses, lost wages, and rehabilitation needs.

3. File a Lawsuit

If the parties can’t negotiate a fair settlement, your lawyer may urge you to file a lawsuit and take the case to court. To do this, you’ll have to submit a formal complaint to the court summarizing the details of your case and the parties involved. According to Florida courts, the opposing party will have 20 days to respond.

After responding to the lawsuit, all parties will undergo a discovery phase. During this phase, each side will have to collect sufficient evidence to support their claim. This can include sworn statements from witnesses and requests for official documents. This phase can usually last up to months.

4. Trial and Judgment

If, by now, neither party hasn’t agreed on a settlement, the trial will go forth as planned. Typically, these cases go through three stages:

Plaintiff’s Case-in-Chief: The plaintiff, who filed the lawsuit, will begin the trial by attempting to prove the opposing party’s fault in the accident. They’ll use the evidence gathered to demonstrate the damages caused by the accident.
Defendant’s Case-in-Chief: The defendant will then do the same based on additional evidence that paints their innocence. They’ll attempt to show that the plaintiff was also at fault for the accident and they shouldn’t have to pay for damages.
Judgment: The judge or jury will cross-examine the evidence presented and decide whether the defendant is liable for the plaintiff’s injuries. They’ll also decide how much compensation should be paid depending on the evidence presented.

Conclusion

There are several critical steps to navigating a motorcycle accident case in Boca Raton, Florida. From the immediate aftermath of the accident to the resolution in court, it’s important that you understand each process clearly. Fortunately, you can secure a fair outcome by hiring a qualified motorcycle accident lawyer.