What Is the Process of Filing a Motorcycle Accident Lawsuit?

Filing a lawsuit after a motorcycle accident can be daunting, especially when dealing with the aftermath of the accident. However, understanding the process can provide some clarity and comfort. Let’s go through the steps involved.

Initial Evaluation

Before filing a lawsuit, evaluating whether you have a viable claim is crucial. Here are some factors to consider:

• Liability: Is there another party at fault for the accident?
• Injuries and damages: Have you suffered injuries and damages?
• Evidence: Do you have evidence to support your claim?

Legal Consultation

It’s time to consult a lawyer once you believe you have a valid claim. The attorney can:

• Evaluate the strength of your case
• Guide you on the best course of action
• Advise on the potential value of your claim

Investigation

• Determine which insurance companies may be involved and what their policy limits are
• Conduct an asset check on the responsible party or parties to determine whether or not they have recoverable assets
• Confirm medical records and bills while you continue to obtain medical treatment for your injuries
• Prepare a demand letter to the insurance company to attempt to settle the claim for a fair amount

Preparing the Complaint

Sometimes, filing a lawsuit is necessary. If you and your lawyer decide to proceed with a lawsuit, your attorney will help you prepare a complaint. This document:

• Identifies the parties involved in the lawsuit
• Outline your claims
• Details the injuries and damages you’ve suffered
• Specifies the compensation you’re seeking

Filing the Complaint

Your attorney will file the complaint with the appropriate court. Following this:

• The court will issue a summons
• The defendant (the parties or person you’re suing) will be served with the complaint and summons

Discovery Process

The discovery process is where both parties investigate the claims. This might involve:

• Document requests
• Interrogatories (written questions)
• Depositions (interviews under oath)

Settlement Negotiations

Both parties may try to reach a settlement during or after discovery to avoid trial. If a settlement can’t be reached, the case will likely proceed to mediation and, eventually, trial.

Trial and Verdict  

At trial, both parties present their evidence and arguments. After hearing both sides, the jury will render a verdict. If you win, the jury will also award damages.

Remember, each motorcycle accident lawsuit is unique, and the specific steps may vary. If you’re considering a lawsuit after a motorcycle accident, don’t hesitate to contact The Ruth Law Team at (888) 783-8378 for a consultation. We’ll provide guidance based on your specific situation.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always recommended to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.