Dealing with the aftermath of a motorcycle accident is stressful, in no small part because many accidents involve serious injuries. It is difficult to manage a lawsuit while you are recovering, which is why it is important to hire an attorney. Motorcycle accident injury lawyers can help you in a number of ways. A good attorney does more than represent you in court. Motorcycle accident lawyers also help with all the events leading up to a trial, including helping you find medical assistance, assessing the total damages from the accident, gathering evidence and performing research to support your case and negotiating with other parties on your behalf regarding the accident.
Types of Damages from Motorcycle Accidents
The damages from a motorcycle accident are often worse than any other type of vehicular accident. It is not uncommon for a motorcycle accident to result in life threatening injuries. The biggest expense from a motorcycle accident typically comes from medical bills.
- Some common types of injuries from a motorcycle accident include concussions, whiplash, broken or fractured bones, burns and back injuries. In particularly bad accidents, there may also be traumatic brain or spinal cord injuries, internal bleeding or disfigurement.
- In less severe accidents, you may only spend a few days in the hospital, but it is not uncommon for riders to spend several weeks getting treated. Even if you only spend a few days initially in the hospital, you will likely return for additional checkups and may have to attend physical therapy or other rehabilitation. All of these are damages you can claim as part of the accident.
Medical costs are not limited to physical injuries. Experiencing a motorcycle accident is a traumatic experience, with many riders experiencing PTSD after the accident. You can include any psychological assistance in your damages.
Your lawyer can also walk you through other damages you may not think to claim. For example, if you miss work due to recovering in the hospital, you can include your lost wages in the damages. Any sort of removal fees to extract your motorcycle can also be included with your other damages. There are also other damages which are harder to quantify, such as pain and suffering or decreased quality of life.
Your attorney will extensively go through all the possible damages available to you, coming up with a fair and reasonable amount for what you are owed. The exact amount you get varies depending on your accident, but on average, damages typically total between $65,000 to $75,000. In severe accidents, it is not uncommon to receive as much as $200,000 to $250,000.
Costs of Hiring a Motorcycle Accident Attorney
Many riders are afraid to hire a lawyer because they are worried about legal expenses. Before you settle on a lawyer, it is important you understand exactly how much your lawyer intends to charge you and what is covered in the costs. Lawyers use three different methods to charge clients. The first is setting a fixed hourly rate, which typically costs between $100 and $300. You may also be asked for a retainer fee, which acts as a down payment for his or her services.
The next option is to pay a flat fee for the case, though this rarely happens in motorcycle accident cases. In smaller, more straightforward cases with limited damages, your lawyer may propose this. The third, and most common option for motorcycle accidents, is a contingency fee. With a contingency fee, your lawyer receives a percentage of your winnings, typically between 25 to 40 percent. The money is only rewarded if you win the case.
Pro Bono Attorneys & No Cost Legal Assistance
In some cases, you may not have to pay anything for legal assistance. Many attorneys work a number of pro bono cases each year. In a pro bono case, your lawyer either waives the legal fees, or a nonprofit group covers the costs on your behalf. In most cases, you can only get a pro bono attorney if you meet special income requirements. This is true if you are using the Legal Services Corporation (LSC) to find legal assistance. The LSC is one of the largest nonprofit legal groups operating in the United States.
There are some attorneys who work pro bono based on the nature of the case. For example, an attorney may take your case if your accident involved a major business or corporation. Finding an attorney can be difficult, but there are online resources available. There is also a federal database you can consult for additional assistance.
In addition to online resources, you can also look for local assistance. Check with your city courthouse to see what nonprofit groups are in the area. You can also ask about legal aid societies in your state. You an also contact individual law firms or look for local attorneys through the state bar association, but you may have to go through multiple lawyers before you find one willing to accept your case pro bono.