Motorcycle accidents can result from various causes and factors, all sharing a common thread of posing significant consequences for riders. If you’ve sustained injuries in a motorcycle accident, it’s crucial to understand that there are legal avenues available to seek the assistance you require for your recovery.
Michael J. Brennan Injury & Accident Lawyer can help. We’re ready to assess your case and guide you toward obtaining the vital compensation you need for your injuries. We provide free consultations for any victim of a motorcycle accident in Orland Park or the surrounding area. Contact us today to get the process started.
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What Should You Do After Being Injured in an Orland Park Motorcycle Accident?
When you’re in a motorcycle accident in Orland Park, there’s going to be a lot of things you need to do. However, while your legal rights are important, the number one priority should be your health and safety. In fact, many of the actions you take to secure those two things will ultimately protect your potential claim. At the same time, the immediate aftermath of a motorcycle accident is likely to be very traumatic, especially if you’re hurt badly. So, it’s important to know how to respond:
- Get medical care – If you’ve sustained injuries, dial 911 or head to the nearest hospital. Even if you don’t feel immediate discomfort, getting a medical checkup is wise as some injuries may not be immediately evident.
- Report the incident to law enforcement – Once in a secure location, contact the police to report the accident. Their official report is crucial for insurance claims and legal proceedings.
- Exchange information – Share details with the other party involved, including names, contact information, insurance details, and vehicle information. Additionally, gather contact information from any witnesses present.
- Document the scene – Take photos and videos of the accident scene, the involved vehicles, and your injuries. This evidence holds significant value during the claims process.
- Notify your insurance – Notify your insurance provider about the accident promptly. Furnish them with accurate information regarding the incident.
- Preserve evidence – Keep all the evidence related to the accident, such as medical records, repair estimates, and communication with insurance companies. These documents are crucial in demonstrating your losses.
- Refrain from making statements – Avoid discussing the accident with the at-fault party’s insurance company without consulting our lawyers first.
- Follow rehabilitation and treatment plans – Not only do you need to get immediate medical care, you need to keep up with your medical treatment plan and go to rehabilitation as necessary for your recovery.
Keep in mind, the steps might change depending on what exactly happened. If you want some help, consider getting in touch with our team. We’ve got experience with all kinds of motorcycle accidents and can help you through the legal process while making sure your rights are protected.
Legal Process After an Orland Park Motorcycle Accident
Regardless of the type or cause of the motorcycle accident, being injured in a motorcycle accident gives you the legal right to file a claim against the party responsible for the incident. Most of the time, the first step in the whole process is to figure out liability.
Liability
Similar to other accidents, the determining factor in liability is establishing negligence. From a legal standpoint, negligence involves four key elements:
- Duty of care – The responsible party had a duty to act in a reasonably safe manner.
- Breach of duty – The party breached this duty through negligent actions.
- Causation – The breach of duty directly led to the accident, resulting in injuries.
- Damages -There must be a provable link between the accident and the injuries or other damages.
Depending on the specifics of your particular accident, various parties could potentially be held liable, including the:
- Driver of the vehicle
- Third party, like a pedestrian or another motorcyclist
- Motorcycle manufacturer
- Government agency responsible for road maintenance or sign maintenance
Legal Process
Once liability is established, collaborating with our team can assist you in filing a claim for damages against the at-fault party or parties. Generally, this involves either initiating an insurance claim or proceeding with a lawsuit.
- Insurance claim – This typically marks the initial legal step, involving an investigation and evaluation of the accident by the insurance company. Once it’s completed, they will present a settlement offer. At this point, you can choose to accept or, if the offer isn’t good enough, proceed with filing a lawsuit.
- Personal injury lawsuit – If needed, the next stage involves filing a personal injury lawsuit. This legal action allows you to seek financial support for your injuries and other damages. In order to do that, our team can file a Complaint for you in civil court, exchange and present evidence, take depositions, mediate the case, and if necessary, go to trial.
It’s crucial to recognize that the process of filing a claim for damages can be intricate and time-consuming. This underscores the importance of partnering with our experienced Orland Park motorcycle accident team who can navigate you through the complexities. Additionally, you have to file within Illinois’ statute of limitations for injury claims, which is currently set at two years from the date of the accident.
Damages in an Orland Park Motorcycle Accident Claim
Although every case is unique, the ultimate goal of filing a claim after an Orland Park motorcycle accident is to pursue your right to recover damages from the liable party that caused the accident in the first place. In a typical motorcycle accident injury claim, you have the potential to recover the following:
- Medical treatment costs
- Physical therapy costs
- Lost wages
- Pain and suffering
- Loss of enjoyment of life or companionship
In certain situations, punitive damages may also be granted if the actions of the responsible party were notably reckless or negligent.
How Our Team Can Help After an Orland Park Motorcycle Accident
To fully understand the types of damages that may be recoverable in your specific case, it’s crucial to seek advice from our team who is well-versed in motorcycle accident claims.
Just having the right to file a claim might not be enough. To make sure you’re treated fairly, it’s crucial to work with our experienced team. We’ll make sure to explore every possible way to support you, increasing your chances of getting the result you deserve. Here’s how we typically approach these cases:
- Legal guidance – Our team of motorcycle accident lawyers knows the ins and outs of Illinois’ laws related to motorcycle accidents. We’re here to help you understand what rights you have and explore the legal options that are open to you.
- Investigating the accident – Using our resources, we can thoroughly investigate the accident. This involves gathering evidence, talking to witnesses, and reconstructing the accident scene to figure out who is at fault.
- Collecting evidence – We assist in gathering crucial evidence like police reports, medical records, and any surveillance footage available. This evidence plays a vital role in building a strong case on your behalf.
- Communicating with the other side – Our team takes charge of communicating with insurance companies, other involved parties, and their legal representatives for you. This ensures that your rights are protected, and you avoid unintentionally saying something that could negatively impact your case.
- Negotiating – When dealing with insurance claims or potential settlements, our seasoned lawyers can negotiate with insurance companies to ensure you receive fair compensation covering medical bills, property damage, lost wages, and pain and suffering.
Experienced Motorcycle Accident Legal Support in Orland Park
Navigating the complexities of the legal process can be daunting, underscoring the need for seasoned personal injury lawyers to safeguard your rights and secure fair compensation.
At Michael J. Brennan Accident & Injury Lawyer understands the difficulties associated with motorcycle accidents. We provide expert legal support to victims of motorcycle accidents in Orland Park. Don’t hesitate–contact us today to set up your free consultation.