Motorcycles offer riders conveniences and freedom others in passenger vehicles do not experience. The trade-off, however, is that riders face some of the greatest risks for getting involved in an accident. Riders involved in wrecks are also more likely to suffer catastrophic injuries that can forever change their lives and the lives of their loved ones.
If you or your loved one was injured in a motorcycle accident caused by someone else’s fault, contact a Milwaukee, WI personal injury attorney at Cannon & Dunphy S.C. for a free consultation. We know the aftermath of a motorcycle accident can be stressful and chaotic when dealing with injuries, medical bills, lost wages, and insurance claims, and we can help. We represent clients who have been injured or have lost loved ones in Wisconsin motorcycle accidents.
If you ride motorcycles, you probably know that there is an unfair and unfounded bias against motorcyclists. They have a reputation for speed, carelessness, and failing to follow the rules of the road. When an accident occurs, people often assume that the motorcyclist was at fault. Our attorneys will help you set the record straight. Whether it is an error in the police report blaming you for the accident or a presumptuous insurance adjuster, we will vigorously defend any and all allegations of fault against you.
Even if you were partially responsible for the accident, as long as you were not more than 50 percent at fault, you might be entitled to compensation for your injuries and damages. Wisconsin is a comparative fault state, which means that fault will be apportioned between you and other parties in the accident. Compensation for your injuries and damages will then be reduced by your percentage of fault.
For example, suppose you suffered $50,000 in injuries and damages, and you were 10 percent at fault for the accident. Your damages would be reduced by 10 percent ($5,000), and you would receive $45,000 in personal injury compensation.
When our law firm represents you, we handle all aspects of the legal process, including communication with insurance companies and defense attorneys. Insurance companies are notoriously difficult to deal with because they work to minimize their claim payouts, which is contrary to your interests in securing full and fair compensation. Our attorneys know how to work with insurance companies and will not cave to unreasonable and unfair settlement offers.
We will begin the investigation process immediately to collect all evidence related to your accident. We will speak with responding officers and medical personnel. We will also interview witnesses and look for photographs, videos, and other evidence that helps identify the events leading up to and the cause of the accident. If it helps your case, we will contact experts to help with accident reconstruction.
In some cases, there is more than one party at fault for the accident. After gathering and reviewing all the evidence, we will determine fault and pursue compensation from all responsible parties. We will negotiate with defendants and their insurance companies while continuing to prepare your case for trial. Your case will be trial-ready, so that there is no pressure to accept an unfair settlement offer.
Settlement Agreement or Trial
We know that many clients would prefer to settle their cases to avoid going to trial, especially when cases are emotional, and injuries are severe. However, it is sometimes necessary to try cases in court to ensure that our injured clients get the compensation that they deserve.
Settlement discussions are often ongoing as the case progresses, and cases can settle any time before, or even during, the trial. Many of our cases settle before they are litigated in court, but when settlement negotiations are unsuccessful, our attorneys are prepared to go to trial.
Even when you follow the rules of the road and practice defensive riding, you cannot avoid every accident caused by another driver’s negligent or reckless driving. Motorcycle accidents often result in severe and sometimes catastrophic injuries. Medical expenses for these injuries can quickly add up, especially if you require long-term care, future medical treatments and procedures, and rehabilitation. Sometimes lifetime medical care is necessary for permanent injuries. Common types of motorcycle accident injuries include:
Because of the severity of injuries often involved in motorcycle accidents and the resulting damages, securing full compensation is critical for your physical and financial well-being. Our attorneys will thoroughly review the extent of your injuries, understand the long-term impacts they will have on your life, and how those injuries have caused you to suffer other losses and damages. It may be necessary to consult with experts, such as medical experts and financial experts, to value your motorcycle accident claim accurately.
Depending on the facts of your case, recoverable compensation in your motorcycle accident case may include the following:
When motorcycle accidents result in fatal injuries, surviving family members and the decedent’s estate might be entitled to compensation under two types of claims: a wrongful death claim and a survival action. These are two separate and distinct causes of action, but they may be consolidated into one trial in many cases.
Surviving family members bring wrongful death claims to compensate them for their losses due to losing their family member. If your loved one sustained fatal injuries in a motorcycle accident, you might have a wrongful death claim against the responsible party for the following losses:
Survival actions can be brought on behalf of an injury victim’s estate when he or she survived long enough after an accident to suffer damages before death. Recoverable compensation for survival actions includes the following:
At Cannon & Dunphy, S.C., our personal injury attorneys have recovered over $1 billion in judgments and paid settlements on behalf of injured victims across Wisconsin. As advocates for those harmed by negligence, we understand the devastating consequences of preventable accidents, as well as the tremendous needs victims incur. It is the reason why our Milwaukee personal injury attorneys are committed to holding at-fault parties accountable and securing the compensation injured riders deserve.
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