How Can a Motorcycle Accident Attorney Help When Catastrophic Injuries Occur?
Motorcycle accidents can often result in severe, life-changing injuries, especially since motorcycle drivers lack the added protection that cars and other motor vehicles provide. Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns, can often lead to long-term or even permanent disability, which can substantially impact your life.
These injuries often require extensive medical treatment, rehabilitation, and ongoing care, not to mention the financial burdens they impose. If you've experienced a catastrophic injury following a motorcycle accident, an experienced attorney can help.
At Ronald S. Weiss, Attorney & Counselor, we understand the toll motorcycle accidents can have, and we are committed to helping our clients in Michigan and Ohio pursue the justice and compensation they need.
What Are Catastrophic Injuries?
Catastrophic injuries are severe injuries that significantly impact a person’s ability to work and perform daily activities. These types of injuries often lead to long-term or permanent disability and can significantly reduce your overall quality of life. Some examples of catastrophic injuries commonly associated with motorcycle accidents include:
Traumatic brain injuries (TBIs)
Spinal cord damage leading to partial or complete paralysis
Severe fractures and orthopedic injuries
Amputations or loss of limbs
Third-degree burns or other permanent disfigurements
Unlike minor injuries, catastrophic injuries typically require extensive medical intervention, such as surgeries, physical therapy, adaptive devices, or even lifelong care. Due to their severity, these injuries also tend to result in substantial financial losses, including medical expenses, lost income, and non-economic damages, such as pain and suffering.
How a Motorcycle Accident Lawyer Can Help
If you or a loved one has suffered a catastrophic injury in a motorcycle accident, it's essential to consult an experienced motorcycle accident lawyer as soon as possible. An attorney can often help you seek justice and pursue financial compensation, as well as advocate for your best interests on your behalf. Some of the ways a motorcycle accident attorney can help include the following.
Establishing Liability
A critical aspect of any motorcycle accident claim is determining who is at fault. An experienced attorney can thoroughly investigate your case to help you gather evidence and establish liability. This may involve analyzing police reports, interviewing witnesses, reviewing any available video footage, and consulting with accident reconstruction experts.
By using their knowledge and considerable experience, a motorcycle accident attorney can build a strong case to show that the other party’s negligence or recklessness was the primary cause of the accident and your injuries.
However, it's important to note that Michigan and Ohio both operate under modified comparative negligence laws, which means you will be able to recover damages so long as you are found to be less than 50% at fault for the accident. However, if you are found to be 50% or more at fault, you will likely be unable to recover compensation in either state.
Understanding Michigan’s and Ohio’s Insurance Laws
An attorney can walk you through the various insurance laws that apply to your case following a motorcycle accident. By working with an attorney, you can better focus on your recovery and medical care while they handle the legal and insurance aspects of your case.
In Michigan, there are unique no-fault insurance laws that can complicate motorcycle accident claims. Motorcyclists are not automatically covered by Personal Injury Protection (PIP) benefits, unlike drivers of passenger vehicles. Instead, injured motorcyclists may need to seek compensation through the insurance policy of the driver who caused the accident, their own health insurance, or even their motorcycle insurance policy, depending on the circumstances.
Ohio operates under a fault-based system. This means that the at-fault party’s insurance company is responsible for providing compensation to the injured party. However, insurance claims can be challenging, as insurance companies often attempt to minimize payouts.
At Ronald S. Weiss, Attorney & Counselor, we are well-versed in both states’ insurance laws and can guide you through the process of filing an insurance claim.
Calculating Damages
Victims of catastrophic injuries often face enormous medical bills, substantial wage losses, and significant non-economic damages related to pain, suffering, and emotional distress. To calculate these damages accurately, it is important to consult with an attorney who has a comprehensive understanding of the law and who can thoroughly assess your current and future losses.
At our firm, we work with medical specialists, vocational experts, and financial analysts to calculate the full extent of your damages. Our goal is to make sure your claim includes costs for past and future medical care, lost earning capacity, necessary home modifications, other unforeseen expenses, and fair compensation for the emotional and psychological toll of your injuries.
Negotiating With Insurance Companies
Insurance companies are notorious for offering lowball settlements, particularly in cases involving catastrophic injuries. They may state you had preexisting injuries or exploit your lack of legal knowledge to pressure you into accepting a settlement that falls short of your actual damages.
An experienced motorcycle accident attorney will be able to protect you from these tactics. With years of experience negotiating with insurance companies in Michigan and Ohio, Ronald S. Weiss will fight to make sure you are not short-changed. If the insurer refuses to offer a fair settlement, we are prepared to take your case to court to pursue the compensation you deserve.
Representing You in Court
While most motorcycle accident claims are settled out of court, sometimes litigation becomes necessary to achieve a fair outcome. If this happens, a motorcycle accident attorney will represent your best interests in court.
From filing the lawsuit to advocating for you in court, Ronald S. Weiss will use his legal experience to present a compelling case on your behalf. Our goal is to help you pursue the result you want, whether through a negotiated settlement or a court verdict.
Providing Emotional Support and Guidance
Dealing with a catastrophic injury is not just a legal matter; it’s a deeply personal and emotional experience. Often, an experienced attorney will make sure you are well-informed, supported, and empowered throughout the legal process. I am here to answer any questions, address your concerns, and guide you toward pursuing justice and compensation.
Why Choose Ronald S. Weiss, Attorney & Counselor?
Pursuing a motorcycle accident claim after a catastrophic injury can be overwhelming, but you don’t have to face it alone. At Ronald S. Weiss, Attorney & Counselor, we have extensive experience representing motorcycle accident victims in Michigan and Ohio. I take a personalized approach to each case, tailoring our strategies to meet the unique needs of our clients.
We are committed to holding negligent parties accountable and fighting for the compensation our clients need. With offices in West Bloomfield, Michigan, and Toledo, Ohio, we are conveniently located to serve clients in both states. If you or a loved one has suffered catastrophic injuries in a motorcycle accident, contact us today to schedule an initial consultation.