A serious motorcycle accident can have devastating physical, emotional, and financial consequences. In the aftermath of such an incident, you need to focus on your recovery. At the same time, filing a motorcycle accident claim is often a key step in getting your life back on track after a personal injury accident.
We understand that the prospect of filing an insurance claim or pursuing a lawsuit can feel overwhelming. That said, there is no reason to go it alone. At Grover Law Firm, our experienced motorcycle accident attorneys can guide you through every step of the legal process. We stand ready to help you pursue the maximum amount of compensation possible for what you have gone through.
Below, we will discuss what is involved in filing a successful motorcycle accident claim in Alberta. A clear understanding of the legal process will help you feel confident moving forward with your personal injury claim.
Steps to Take Following an Alberta Motorcycle Accident
Many Canadians enjoy riding motorcycles for both transportation and recreation. Sadly though, there is an associated potential for injury and death for riders – a motorcycle is simply no match for another vehicle in the event of an accident. If you were injured in a motorcycle accident due to the negligence or reckless act of another driver, you can hold that person accountable for your losses through a personal injury claim.
The process of resolving a motorcycle injury case involves multiple phases, and each of these steps is important for obtaining fair compensation. Most of these are best taken with the assistance of a knowledgeable personal injury lawyer.
Seek prompt medical attention
The actions you take immediately after your motorcycle accident can significantly impact the strength of your personal injury claim. Once you have been hurt, it is critical to seek medical attention as soon as possible. Addressing your injuries right away can help to ensure a better long-term prognosis, as well as document the gravity of what happened.
It is important to maintain detailed medical records detailing the severity of your injuries from the beginning. Medical treatment and expenses account for a significant part of the compensation amount commonly awarded in personal injury cases.
Speak with a motorcycle accident attorney
Any time someone else might be legally responsible for your accident, it is advisable to discuss what happened with an experienced personal injury attorney as soon as possible. A lawyer experienced with motorcycle accident claims can help you determine if you have a case and what evidence you will need to secure a settlement.
Additionally, insurance companies can be difficult to deal with. It is not unusual for an insurance adjuster to offer a low-ball settlement offer or attempt to deny your claim altogether. Your personal injury lawyer can negotiate with the insurance company on your behalf and advocate for the fair compensation you deserve.
Begin an investigation into the accident
Once you retain a personal injury lawyer, he or she will begin an independent investigation into the motorcycle accident on your behalf. The goal of the investigation is to gather information that proves that your injuries and other losses were a direct result of the accident and that the responsible party owes you compensation.
Your legal team can gather evidence and information, such as:
- The police report
- Medical records
- Medical bills
- Treatment plans
- Documentation of lost income as a result of the accident
- Witness statements
- Additional evidence from the accident scene
When necessary, an experienced lawyer will hire an investigator or consult accident reconstruction specialists as part of the investigation process. This may be invaluable in establishing exactly how the accident occurred. Such professionals can help acquire valuable evidence and overcome difficult hurdles in order to strengthen your personal injury claim.
Negotiate with the insurance company
In most cases, your attorney can help you resolve your motorcycle accident claim without going through a lengthy court process. Insurance companies generally wish to avoid an expensive and unpredictable litigation process and are thus willing to work with your lawyer to settle the case.
Nevertheless, the other party’s insurance company does not have your best interests in mind. The insurance adjuster’s aim is to protect his or her company’s bottom line. Thus, depending on the established evidence in your case, there could be intense back-and-forth negotiations before a fair settlement can be reached.
Pre-trial questioning and mediation
Throughout the settlement negotiations, your motorcycle injury lawyer will be preparing to go to trial if necessary. If an amicable agreement cannot be made directly with the insurance company, your lawyer will be well prepared to take the next steps.
These may include filing various court documents and setting up interrogatories – written questions that the other parties involved must answer under oath. The other driver may be asked a series of questions to assess credibility, the strength of the case, and his or her defence strategy.
Furthermore, a personal injury lawyer will often use the mediation process to negotiate an acceptable and fair settlement agreement. In mediation, the drivers involved in the dispute sit down with a neutral third person who is trained to help people come to a mutually satisfactory solution to their conflict.
Through such proceedings, the plaintiff and the defendant retain more control of the outcome of the case rather than leaving it in the hands of a judge or jury.
Take the personal injury case to trial
On occasion, negotiation and mediation attempts are unsuccessful, and the parties involved cannot reach a reasonable settlement agreement. In this event, your injury lawyer will use the details and evidence collected throughout the legal process to argue your motorcycle accident case at trial in the Alberta courts.
Contact Skilled Alberta Motorcycle Injury Lawyers for Help
The serious injuries resulting from a motorcycle accident may negatively impact your life for the foreseeable future. In this difficult time, you need a legal advocate to secure full and rightful compensation for what has occurred.
The Alberta personal injury lawyers at Grover Law Firm are adept at handling all manners of motorcycle accident claims. We understand that no two motorcycle accident cases are the same and so we advance each client’s case with his or her personal interests in mind.
For over 20 years, we have been helping Alberta personal injury victims recover their quality of life after an accident. Please call us at the number below or fill out our online contact form for a free consultation. The sooner you contact us, the sooner we can put our resources toward your recovery.