When choosing an attorney to represent you in a motorcycle accident case, the first thing to look for is someone who has actually taken cases to a jury trial conclusion.
Most people would be amazed at how few attorneys actually try cases, even though insurance companies typically pay more money to an attorney whom they know will actually try a case if he or she has to, than they will pay to one who settles every case. Therefore, a client wants someone with trial experience.
A client also wants an attorney they can communicate well with, because they need to understand what the attorney is talking about when they explain concepts such as comparative fault. If a client walks out of a meeting with an attorney feeling they had no idea what he or she was talking about, that’s not the right attorney.
In looking for an attorney, the victim should also look for an attorney who can afford to litigate the case. Some cases can be very expensive to litigate, with the high cost of experts, such as accident reconstruction experts, biomechanical experts and medical experts. Simply ask the attorney if he can finance the case and whether they can pay for experts if needed, and if they don’t have the money to cover all of that, they should walk away rather than be underrepresented
Attorneys are typically paid on a contingency basis, which means they take a percentage of the settlement. Also, costs paid out of pocket by the attorney would be repaid, with the balance going to the client.
Removing the Emotional Aspect and Keep the Client Focused
Keeping the emotion out of the case is very important in a motorcycle accident case. One of the advantages of getting an attorney as that the attorney won’t be emotionally traumatized by the event. Attorneys can also get emotional, and they can get angry, sad and fight like crazy for their clients, which is a good thing, but it’s nothing like the emotions the client is usually feeling, because they went through the accident, the injury and might continue to go through the injury for a long time.
The attorney will be there to analyze risks, as well as the chances of winning or losing, and even the chances that the client will found completely or partly at fault, and to give advice on the value of the case.
In almost all cases, clients have never been through the process before and they would have no idea if their case was worth $10,000 or $100,000, so their attorney can explain why it would be worth a particular amount, either through experience or comparison with other cases or through jury verdicts. The attorney will help the client make a business decision, rather than an emotional decision.
Could An Attorney Help Negotiate Down Hospital And Medical Bills Or Anything Else?
Of course. When any case settles, medical providers are called in so the attorney could try to reduce any medical liens that the client would have to repay. They argue that the client would be paying one-third to 40 percent in attorney’s fees, so the medical provider will often discount their medical bill that much.
If, because the client was 50% at fault, we would argue with the medical provider that they should only recover 50% of their medical bill, because there otherwise won’t be enough money to go around.
Medical providers were much easier to deal with 20 years ago, but insurance companies and larger medical facilities like hospitals have realized that this is a profit center for them and it has become much more difficult to get reductions from them, although we do still do it. Every reduction just means more money in the client’s pocket, which would not affect our fee. We fight very hard for that, because then we might be able to increase the net they receive.
The Most Difficult Aspect of Motorcycle Accidents
For attorneys, the hardest aspect of motorcycle accident cases comes with the concept of comparative fault. Insurance companies and defense attorneys are more likely to argue that the motorcycle was at fault than they do in a case involving another vehicle.
The issue of whether the motorcycle was at fault or whether they were partially at fault is probably the biggest issue we argue or fight about.
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