If you were riding your motorcycle when another vehicle caused you to crash, you might be very badly hurt. After you get medical attention, contact our attorneys for help getting compensation.
Starting a legal claim for a motorcycle crash is not easy, and you should seek help from a lawyer. First, we must gather strong evidence to support your claims and prove the defendant’s negligence. We also need to evaluate your damages to know how much compensation you are entitled to. This can be difficult, depending on the extent of your injuries and the costs from the collision. Once we have all the details, we must draft a formal complaint and file it with the court. The complaint is a tricky document to prepare, as it must contain very specific details and comport with formatting requirements imposed by the court. We also need to know exactly how your accident occurred. Knowing this information might shed light on what we need to do to prove the defendant’s negligence.
Reach out to our motorcycle accident attorneys by calling (312) 578-8502 and get a free initial case review from our team at the Rhatigan Law Offices.
How to Start a Motorcycle Accident Case in Bolingbrook, IL
Getting your lawsuit for a motorcycle accident started is no simple feat. Personal injury cases often take months or longer to prepare before they are filed with the court. When we file the case, our motorcycle accident attorneys must provide the court with detailed information regarding evidence, damages, and how the accident occurred.
Gathering Evidence
We should start looking for evidence almost immediately. People often do not consider evidence until they are ready to head to the courtroom, but evidence is important throughout your case. We need to provide information about our evidence when we file the case. If we cannot show that any evidence exists, the case might be rejected.
Many plaintiffs already have evidence they might not be aware of. If you took photos or recorded videos of the crash scene right after the accident, we can use those photos and videos as evidence in your lawsuit. Many people take these photos and videos to send to insurance companies, but they are also often acceptable in the courtroom.
Other important details about the accident might come from witnesses. If there were other drivers near the accident or passersby on the street, they might be able to testify in court about what they saw. If possible, you should exchange contact information with other people at the scene so we can find them later. If you cannot do that, we can check police reports from the crash and see if the police spoke to any witnesses.
The thing about evidence is that it might look like anything and come from anywhere. As long as it helps us prove your claims and meets the standards of admissibility set by Illinois Rules of Evidence, we may use it in your case.
Evaluating Damages
When preparing your case, we must thoroughly review and evaluate your damages. Even though a damages award might not be assessed until the end of your case, the court needs to know what your damages are at the very beginning.
Many injured motorcycle riders report very expensive medical bills. Riders are not shielded from harm within an enclosed vehicle like drivers in cars. Many times, they are thrown from their bikes onto the pavement. Injuries are known for being serious in these kinds of accidents, and medical bills may be overwhelming.
We should also account for the cost of replacing your motorcycle. It is an expensive vehicle, and you should not have to pay for repairs or a replacement because some other driver was negligent.
Injured motorcycle riders often report a decline in their mental health after a bad accident. Motorcycle crashes can be very traumatic, and moving on from the accident might be difficult. Depression, anxiety, panic disorders, and other mental health disorders and conditions might be affecting you. You can claim damages for your pain and suffering. While these damages are subjective, they must be included when we file the case.
Drafting a Formal Complaint
Once we have all the necessary information assembled, we must draft a formal complaint. The complaint is the document that contains the details of your case, how the crash happened, who was involved, and what compensation you are entitled to. The complaint may set the tone for the rest of the case, so it is crucial that we get it right.
Important Deadlines to Consider When Filing a Motorcycle Accident Case in Bolingbrook, IL
It is important to meet with a lawyer and act fast, as there is a tight deadline for when claims must filed. According to 735 I.L.C.S. § 5/13-202, plaintiffs have only 2 years to file injury claims. If the deadline passes and nothing is filed, you might lose your right to sue for damages from the motorcycle accident. These cases sometimes take months to prepare, so it is wise to call a lawyer as soon as possible, even if you are unsure what kind of legal action you want to take. An attorney can help you explore your options and make an informed decision.
How Motorcycle Accidents Might Occur in Bolingbrook, IL
We can talk to the police who investigated the crash to get a better idea of how your crash happened. While you might remember important details about the accident, police reports might shed light on the situation and reveal previously unknown details that change how we approach the case.
For example, you might remember being hit by a car while on your motorcycle, but you might not have seen the driver on their phone. Distractions on the road are common, especially now that many newer vehicles are designed to sync with cell phones and other devices. If the driver is not paying attention, we can hold them responsible for the accident.
Police reports and testimony from witnesses might help us figure out how fast the other driver was going when they caused the accident. Speed is an important consideration in almost any accident case because the greater the speed, the worse people’s injuries tend to be. If you are not sure how fast the driver was going, we can figure it out.
Unfortunately, many motorcycle crashes are caused by intoxicated drivers. If the police believe a driver is intoxicated after a crash, they will almost certainly gather probable cause to arrest them and conduct chemical testing. If this happened in your case, we can get the chemical testing results from the police to prove that the defendant was intoxicated.
Ask Our Bolingbrook, IL Motorcycle Accident Attorneys for Help
Reach out to our motorcycle accident attorneys by calling (312) 578-8502 and get a free initial case review from our team at the Rhatigan Law Offices.
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