Motorcycle accidents can be extremely traumatic. It can take years to recover from it and sometimes even leads to the death of those involved. The costs of recovering from a motorcycle accident include medical bills, rehabilitation costs, loss of income, chronic pain and psychological pain. You must be compensated for all the losses that you have incurred due to the injury. These losses include physical, emotional and financial losses. If you or your loved one has been a victim of a motorcycle accident, you must reach out to AvaGio Motorcycle Accident Lawyer. We are here to tell you some things that you should know when you have been in a motorcycle accident and plan to file a lawsuit.
The fault of the other party needs to be proven
When you have been injured in a motorcycle accident, you need to prove that your injuries have been caused because of the other party which was involved in the accident. It is also essential to keep in mind that the other party doesn’t need to be completely responsible for the injuries or that they are the only case for the accident. Even when the other party is partially at fault, you can still sue them for the damages and injuries.
Period to file a lawsuit
According to the law, you have two years from the date of the accident to sue the other party. However, there are certain exceptions to the rule. In case you are a minor who was involved in the accident, then your two years begin after you turn eighteen. The period in which you can file the case and the exceptions, all would be explained to you by your lawyer.
The lawsuit requires proof
When you are a victim, you need to prove two things. First, there was fault or negligence which caused the accident. Second, this accident leads to causing your injuries. These proofs are determined in the court by using a ‘balance of probabilities’ in motorcycle accidents. This works by lowering the standards of proof that are applied in criminal cases.
Proving the extend of the injuries
Injuries due to motorcycle accidents need to be proven that they are above a certain limit. When the injury has crossed that limit, it leads to permanent impairment of physical, mental or psychological functioning. When you are making these claims, it needs to be supported by a medical professional. However, if the professional doesn’t classify it as permanent then you might not be able to obtain damages for the pain which has been caused due to the accident.
Seek Legal Help
If you or your loved one has been injured in a motorcycle accident, you need to reach out to an experienced lawyer. They are well aware of the laws which might apply to your case. When you are seeking legal help, they will offer you an outlook on what could be the likely outcome and chances of your case being taken to the court.