Des Plaines’ proximity to Lake Michigan makes it one of the most enjoyable places for motorcycle riders. However, devastating accidents also commonly happen here that victims will need help getting compensation for.
Our lawyers understand the challenges riders face when pursuing justice for their injuries and can help you with your lawsuit. Many motorcyclists are unfairly labeled as careless or reckless simply because they ride. Our attorneys know that negligent drivers are usually the ones who act negligently. However, that will not stop an insurance company from taking advantage of false stereotypes, which is why working with our team is the best way to get compensation. By working with our firm, the defendant is more likely to settle. We will also be ready to take your lawsuit to trial if negotiations cannot recover what you deserve.
Our motorcycle accident lawyers at Rhatigan Law Offices can provide you with a free case review by calling (312) 578-8502.
How to Pursue Damages for Your Motorcycle Accident in Des Plaines, IL
Getting compensation after a motorcycle accident is rarely easy for victims in Des Plaines. Ideally, accident insurance should be there to help those injured by another person’s negligence. Unfortunately, it does not usually work that way in reality, especially when the accident involves a motorcycle. Motorcycle riders are often unfairly portrayed as borderline reckless, and insurance companies use these negative stereotypes to get out of paying benefits. The truth is that the vast majority of riders are far safer on the road than most drivers.
The best way to fight the insurance company’s tricks and get the compensation you deserve is by working with our experienced motorcycle accident attorneys. With our help, you can make sure your case is based on the evidence and not unfair biases. In most cases, recovering damages is a two-fold process. We will typically start by filing a claim with the negligent party’s insurance provider. However, our team will also file a lawsuit to show that we are serious about your claim. The following will help you understand the claims process in Des Plaines:
Filing for Insurance
In most cases, the first step in recovering compensation is to file an insurance claim with the other person’s provider. Illinois is an “at-fault” state when it comes to how vehicle accident claims are processed. Under this system, accident victims file a third-party claim against the negligent driver with their insurance provider. Victims must also provide evidence of fault and the damages from their injuries before a claim will be approved. Without evidence substantiating the claim, it is almost certain to be denied.
The at-fault system requires the other driver’s insurance to compensate for their client’s negligence. This is a flaw, which is why some states use “no-fault” insurance rules, where a victim’s own insurance pays for damages. These rules can be especially challenging for victims of motorcycle accidents. Even if the insurance company approves the claim, they might push back with claims that the rider was also negligent in an attempt to lower the amount of compensation.
Working with our lawyers is often the best way to prevent the insurance company from using these tactics and to get the maximum amount in your settlement. When we negotiate with the insurance company, we will include your economic losses, like your medical expenses, as well as your pain and suffering, such as any emotional distress following the accident.
However, insurance companies are reluctant to pay for pain and suffering damages since they are not easily calculated as financial losses. In many cases, we will need to file a lawsuit as part of our negotiation strategy.
Filing a Lawsuit
The second step to recovering compensation for a motorcycle accident for many victims is to file a lawsuit. Sometimes, this is the only way to get full coverage for the damages you sustained. As mentioned, the insurance company might try to avoid paying non-economic damages if only an insurance claim is filed. When a lawsuit has been filed, most insurance companies would rather avoid the costs of taking a case to trial and having a jury decide the matter.
Fortunately, when we file your insurance claim, we will have collected most of the evidence we need for your lawsuit. However, we will also be able to gather additional evidence not in your possession after your lawsuit is filed through a process called “discovery.” For instance, if the defendant has evidence relevant to the case, they must turn it over if it is not privileged information. Our attorneys will also have the opportunity to question the other driver under oath during depositions.
If the discovery process goes well, we will likely be able to settle your case before a trial is necessary. Contrary to popular belief, most civil lawsuits do not conclude in court but are settled. The discovery process allows both sides to gather the evidence they will use in trial, so an insurance company will typically settle if their client admitted to the negligent act during questioning. If they do not settle the claim, we can use the answers the defendant gave during depositions against them in court if they deviate in any way from their prior statements.
If your lawsuit is successful, the court will decide on how much non-economic damages your injuries are worth. Considering that many victims suffer serious injuries in motorcycle accidents, the amount of pain and suffering is often high. The more harmful your injuries are, the more likely they are to significantly impact your life.
Proving a Motorcycle Accident Lawsuit in Des Plaines, IL
Whether pursuing compensation through insurance or a lawsuit, you will need evidence to win your case. Some of the best evidence that can help your case can be obtained at the scene of your accident. If your injuries allow, take photos of the accident scene. Be sure to take enough photos to get a picture of the location where you were injured and the final position of the vehicles. Also, get shots of the damage to your bike and your injuries. These photos will be critical to proving your claim since this evidence will be cleaned from the scene soon after you leave.
Witnesses often play an important role in the success of a claim. If witnesses stopped after the accident, they can provide an additional perspective that supports your version of events. If your injuries prevented you from speaking to witnesses, we can help identify whether anyone stopped by reviewing the police report.
Our team will also investigate the scene where you were injured. It is possible that your accident was recorded by a nearby surveillance camera from a home or business.
Our Des Plaines, IL Motorcycle Accident Lawyers Can Help You Today
For a free case assessment with our motorcycle accident attorneys, call Rhatigan Law Offices at (312) 578-8502.
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