Once you have received treatment for your injuries, you can expect that the at-fault driver’s insurance company will contact you. The adjuster might seem like a caring person who wants to make sure you will be okay. However, remember that the adjuster works for the insurance company, so his or her loyalties do not lie with you. Adjusters are paid to help reduce the amounts of claims their employers would otherwise have to pay. For this reason, you should not talk about your case with the at-fault driver’s insurance representative without an attorney. Here is what you can expect once you meet with your lawyer.
The first step is for you to consult an attorney after your treatment. Your lawyer will want to review documents from your accident and your treatment, so make sure to bring copies of photographs from the accident scene, police reports, witness statements, and medical records with you to your appointment. If the lawyer agrees to accept representation, you will be asked to sign a fee agreement. However, you will not have to pay anything until the attorney recovers compensation for you.
Your lawyer will investigate what happened and might work with an accident reconstruction expert, investigators, and others to gain a full understanding of what happened. This helps your attorney properly value your motorcycle accident case and determine liability. Your lawyer will then explain the range of values within which you might expect a fair settlement offer to fall. He or she will then draft and send a demand letter outlining your legal claims and including a demand for a settlement. The insurance company can accept the demand and pay you, dispute its insured’s liability and deny your claim, or respond with a counteroffer.
Your attorney will continue negotiating with the insurance company to try to reach a fair settlement agreement. In many cases, negotiations outside of the court process can result in a settlement without ever having to file a lawsuit. However, if you can’t reach an agreement with the insurer, your attorney will file a lawsuit.
A motorcycle accident lawsuit is initiated by filing a civil complaint in court. Once your attorney files it for you, they will then ensure that it is properly served on the defendant and the defendant’s insurer. Under Mass. R. Civ. Proc. 12(a)(1), the defendant must respond to your complaint within 20 days of when it was served.
Once both the complaint and answer have been filed, your case will enter a phase called discovery. During this phase, both you and the insurance company will have to exchange information about the evidence you have gathered. Both your attorney and the defense lawyer might file motions, send interrogatories, and conduct depositions. The discovery process can last for months. During the entire discovery phase, your attorney will continue negotiating with the other side to try to reach a fair settlement agreement.
Most cases are resolved short of trial through a settlement. If the insurance company sends an offer that you believe is fair, you can agree to it. Once you have signed a settlement agreement, you will not be able to come back later to ask for more money or to file a new lawsuit based on the same accident.
Some cases do go to trial, If you never receive a fair offer, your attorney might litigate your motorcycle accident case through trial and verdict. Once the verdict is reached, either you or the defendant can file an appeal. If an appeal is upheld, the case could be reversed, meaning that you might have to go through a trial once again.
The attorneys at Ellis & Associates can help you understand what to expect in your motorcycle case. We can help you understand the available legal remedies and work to protect your rights. Contact us today for a free case evaluation by calling 800-MR-ELLIS.
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