Motorcycle accidents frequently result in catastrophic injuries. Between high medical costs and missed work, your expenses after an accident can add up quickly. Fortunately, an experienced motorcycle accident attorney in Berkey can help you recover the compensation you need to cover your expenses and move on with your life.
At Groth & Associates, we have a proven track record of securing favorable compensation for those injured in motorcycle accidents. Our experienced team of Berkey personal injury lawyers will work around the clock to help ensure a positive result for your case. Get in touch with us today to set up a free case evaluation with a member of our legal staff.
Get Started on Your Case As Soon as Possible
When attempting to recover compensation following a motorcycle accident, it is critical that you hire an experienced lawyer as soon as possible. Evidence can become lost or corrupted with every day you wait. By hiring an attorney early, you will give them the best chance to collect and preserve evidence that supports your claim.
Furthermore, any witness testimony you rely upon will be more valuable closer to the time of the incident.
You will also need to ensure that you get all of the paperwork for your lawsuit submitted before the personal injury statute of limitations in Ohio. If you fail to file before the deadline, you will likely be out of options for recovering compensation.
For a free legal consultation with a motorcycle accident lawyer serving Berkey, call (419) 930-3030
Proving Negligence in a Motorcycle Accident Case
To recover damages following a motorcycle accident, you will need to prove that the liable party acted with the intention of causing harm or was negligent in their actions. To prove negligence, you will need to establish four elements:
- Duty of care
- Breached duty of care
- Causation
- Damages
Duty of Care
First, you will need to establish that the liable party in your case owed you a duty of care. Proving that a duty of care was owed is generally straightforward.
For example, if filing a claim against the driver of a vehicle that collided with your motorcycle, a duty of care is clear, as all drivers owe a duty of care to drive in a reasonably safe manner to ensure the safety of all others on the road.
If pursuing damages against the manufacturer of your motorcycle because of a defect, these companies owe a duty of care to consumers to run thorough safety tests to ensure their vehicles don’t pose an unreasonable risk to riders or others on the road.
Breached Duty of Care
The next step in proving negligence is showing that the liable party violated their duty of care. Expanding on the example of pursuing damages from the driver of another vehicle involved in the crash, common ways to prove a breached duty of care include showing that the driver was:
- Speeding
- Texting while driving
- Under the influence of drugs or alcohol
With regards to the manufacturer of your motorcycle, proving that they failed to conduct proper safety tests or cut corners in the manufacturing process to save money are both common methods for demonstrating a breached duty of care.
Causation
You will then need to show how everything ties together. An experienced motorcycle accident attorney serving Berkey can help you clearly show the court how your damages were the direct result of the liable party violating their duty of care.
Damages
Finally, you will need to show that you suffered damages as a result of your accident. Medical records and the associated medical bills from after an accident are the most common ways to establish that you incurred damages when attempting to prove negligence.
Personal Injury Lawyer Near Me (419) 930-3030
Common Damages in Motorcycle Accident Cases
After suffering severe injuries in a motorcycle accident, there are several types of damages you will likely be able to recover. Some of the types of compensation most commonly awarded in motorcycle accident cases include:
- Decreased quality of life
- Lost wages
- Loss of earning ability
- Mental anguish
- Pain and suffering
- Emotional distress
- Loss of companionship
- Medical costs
- Future medical expenses
- Permanent disability
- Property damage
In certain cases, the court may also award punitive damages. Punitive damages are only used in extreme cases where the at-fault party inflicted intentional harm or was criminally negligent in their actions. Following a motorcycle accident that results in the death of a loved one, a Berkey wrongful death lawyer can help you file a wrongful death claim to recover damages.
The Cost of Hiring a Motorcycle Accident Attorney in Berkey
The biggest factor preventing motorcycle accident victims from hiring lawyers to help them recover damages after an accident is concerns about cost. Although there are many types of lawyers that charge expensive fees to retain their services and high hourly rates, that’s not typically how things work with personal injury lawyers.
The motorcycle accident lawyers at Groth & Associates work on a contingency fee basis. That means that we don’t charge our clients anything for the legal services we provide unless we recover damages on their behalf.
If we succeed in getting you money for your damages, we will collect a single fee at the end of your case, which will be paid directly from the compensation you recover from the liable party at a fixed percentage. With this payment system, we can provide all accident victims with legal representation, regardless of their financial standing.
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Secure the Services of an Experienced Motorcycle Accident Lawyer Serving Berkey Today
Following a motorcycle accident that results in severe injuries, getting the money you need from the liable party can be critical for rebuilding your life. Hiring an experienced attorney is the best way to improve your chances of recovering the money you deserve.
At Groth & Associates, our team of experienced Berkey motorcycle accident lawyers will help you recover compensation. Contact us today through our website or by phone to schedule a free case consultation with a member of our legal team.
Call or text (419) 930-3030 or complete a Free Case Evaluation form