Your injury lawyer will tell you that you’ll always need to prove that your motorcycle accident was the other driver’s fault. You’ll also always need to prove the extent of your damages. Your claim will likely be resolved at a certain phase in its entire life cycle.
Claim Is Settled Before You File A Lawsuit
Personal injury lawyers in Barrie know that your case will most likely be settled out of court if all of the following apply:
● Everyone agrees about what happened and who is liable for the accident
● Everyone agrees about the damages
The following tend to apply when this occurs:
● The injuries are not major
● The accident didn’t make any pre-existing injuries even worse
● The person who hit you while you were riding the motorcycle is the only person at fault
● You followed all applicable motorcycle helmet laws
● The defendant had insurance when the accident occurred.
Even though this is obviously a ‘clear liability’ case, you must still prove that you incurred damages and that the defendant was at fault. This tends to include:
● You submit written statements from eyewitnesses
● You have proof of the accident in the form of photos that show damage at the accident scene and (more importantly) damage to your motorcycle.
● Medical reports from doctors
● All applicable medical bills
● Receipts and estimates for repairs to your motorcycle
● Proof of lost wages/income for missed work
You have a solid case if you can furnish all of this either in or out of court. You’ll probably get the settlement that you are requesting.
Discovery and motions
Your lawyer will tell you that the discovery phase begins immediately after you file your personal injury lawsuit. You and the defense will exchange all information that will affect the outcome of the trial. This includes relevant documents, sworn testimonies from parties and witnesses, and written answers and questions.
You and the defense will learn more about what happened during the accident. You’ll also learn about the true extent and nature of your (the plaintiff’s) injuries during the discovery period. This period tends to last from 6 months to a full year after you file the lawsuit. It’s always possible to settle during this period, but this is very rare since one party must be willing to settle the case for the requested amount of the damages.
Personal injury lawyers know that this period begins after the discovery period ends. It’s also referred to as the “alternative dispute resolution” (ADR) phase. A neutral third party called a mediator will be appointed to listen to your and the defendant’s side of the case. This person will advise you how a judge and jury would view the case and will guide both you and the defense towards a mutual resolution.
Most cases (95%) don’t go to trial because it’s very risky and expensive. The average case takes a year to go to trial. It can be up to two years in some instances.Now that you know how motorcycle accidents are resolved in the legal system, it’s time for you and your lawyer to draft the case for you to win the settlement that you deserve.