One of the most important decisions made during a motorcycle accident case is whether the claimant (the injured rider) should accept the insurance company’s settlement or take the case to trial in order to pursue a fair award amount. Below, we discuss some of the factors that can influence this decision and the importance of having a trial attorney on your side.
Factors that Injured Riders May Be Up Against
Typically, neither side of a legal dispute will want to go to court, as a trial can be costly and timely. However, it may be an option if the insurance company does not offer you an amount that takes into consideration your total damages, including past, present, and future medical expenses, lost wages, pain and suffering, and long-term disabilities.
There are several factors that you may be up against as an injured rider. If these hurdles cannot be overcome during the negotiation process, it is a sign that your case may have to go to trial:
- Bias Against Injured Riders. It’s a sad reality that insurance companies are inherently biased against motorcycle riders who they view as deviant and reckless.
- Lowball Settlement Offers. Insurance companies make money by paying out as little as possible; as a result, they may try to devalue the case by claiming that your injuries are not as severe as you are claiming them to be.
- Putting Partial Blame on You. Florida is a comparative negligence state, meaning that those who are partially responsible for a crash may have their award amount reduced by the percentage of fault they are assigned.
- Denying Your Claim Altogether. The insurance company may simply deny your motorcycle accident claim altogether for various reasons and refuse to even offer you a settlement, meaning that your only choice is to fight it out in court.
The Importance of Having a Trial Attorney on Your Side
Ultimately, your motorcycle accident attorney will advise you of whether it is in your best interest to go to trial to pursue compensation, or if the insurance company’s settlement offer is fair. Oftentimes, even just having a tenacious legal advocate on your side is enough to get the insurance company to avoid a long legal battle and offer maximum compensation. However, if court cannot be avoided, we are more than equipped to fight on your behalf during trial.
Never attempt to handle a motorcycle accident case on your own, especially when you have nothing to lose by contacting a seasoned trial attorney who has the experience, skills, and knowledge of the law to fight for your best interests.
At Politis & Matovina, P.A., our Daytona Beach motorcycle accident attorneys understand that there is no “one-size-fits-all” approach to these types of claims. We have decades of trial experience that we will utilize to ensure you are taken care of properly. Additionally, we offer free, personalized case reviews and clients pay nothing out-of-pocket to retain our services.
If you’re injured in a motorcycle accident, contact our firm at (386) 333-6613 to get started on your case. We would be honored to have the opportunity to fight on your behalf and help you through these difficult times.