Hiring an experienced Attorney In Motorcycle Accidents
Franco Law Group has represented several clients involved in motorcycle accidents, from minor accidents to fatalities.
Does Someone Need An Attorney Even If They Don’t Have Any Injuries Resulting From A Motorcycle Accident?
In general, if there are no injuries from an accident, property damage can be taken care of without an attorney. However, if you have injuries at all and the accident is not your fault, you should, at the very least, consult with an attorney so that you know what your rights are. If the accident is your fault, your insurance will provide you with an attorney.
Why Is It Important To Go For An Experienced Attorney In Motorcycle Accidents vs. a Personal Injury Lawyer?
It’s very important when you have any type of motorcycle accident to speak with an attorney that handles personal injury cases. They have several years of experience dealing with insurances companies and the issues involved.
Do Courts Generally Have Some Bias Against Motorcyclists?
No, the courts themselves do not have a bias against motorcycle accidents or motorcycle riders. However, the jury may come in with a bias already. They are all asked if they can be fair, especially if they have had an accident with a motorcyclist before or a family member that’s been involved in any similar accident. In fact, there are perspective jurors that have a bias against motorcycle riders in general.
Do Most Of These Cases End Up Going To Trial Or Settling Out Of Court?
Most cases do settle out of court. There are certain insurance companies that decide that they want to litigate everything and at that point, there is no choice.
However, most cases will settle out of court and that is generally in the client’s best interest. Once you go to court, your costs go up dramatically because you have to pay for expert witnesses to go. You will likely have to pay for deposition testimony and the filing of the case. Just the filing and serving of a lawsuit in and of itself is usually around $1,000. Bringing experts to trial can be as little as a cost of $5,000 to $20,000 for one individual expert to come to trial.
The fees may go up from 33.3% to 40% when you go to trial; if it goes to appeal, it may go upwards to a 45% fee. Generally, another attorney is involved in the appellate process, that’s why the fee goes up. However, if it can be resolved out of court, that is in everybody’s best interest. Although it doesn’t always happen, that is better for the client.
If you can resolve something out of court rather than going through litigation, sometimes these cases can be handled in as little as 3 months to a year without litigation. When you get into litigation, it will be a minimum of at least a couple of years if it ends up being appealed longer and if you have to go through the process again.
Does Going To Trial Get You A Larger Settlement?
Not always. In some cases, it does if the insurance company is just being completely unrealistic. However, if you are going to go to trial, by the time you add in the increase of attorney’s fees, the costs, the increased medical treatment you are getting at the time, that you will have to repay from the settlement, you may have to get a verdict of twice the settlement offer in order to end up with the same amount in your pocket.
If you need to Hire an Experienced Motorcycle Accident Attorney, call the office of Franco Law Group P.A.