If you’ve been in an accident, and have been offered an out-of-court settlement, you may be looking for some advice on motorcycle lawsuits.
Should you accept the offer that’s on the table? Should you take the case to trial? Of course this decision is ultimately up to you, and it’s not a decision to be taken lightly.
This may be the most important decision you make when it comes to determining the size of your ultimate payout. This choice will impact your life in non-financial ways as well.
Contrary to popular beliefs, my job is not to push my clients toward creating motorcycle lawsuits for every claim that comes my way. As a matter of fact, we try to avoid going to trial.
It is my responsibility to advocate for your best interests every step of the way.
Speak with a motorcycle attorney before you speak to the insurance companies
The insurance adjuster’s goal is to pay you as little as possible for your injury. They will use any information you give them to keep their payout to you as low as they can. If you seek the assistance of a qualified PA motorcycle accident attorney, you may be able to negotiate an acceptable out of court agreement. If not, your attorney will help you prepare for the next phase of your claim – a motorcycle lawsuit and the subsequent trial.
Settling motorcycle lawsuits out of court – pros and cons.
- There are no guarantees in court. If you lose, you get nothing. I am very good at what I do. I’m passionate about protecting the rights and interests of my fellow motorcyclists, and I have an excellent track record. But when one goes to trial, there are variables outside of either of our control.
- A settlement negotiation will be over more quickly than a trial, which can drag on for years. During that time, you will not only not receive the settlement to which you believe you are entitled, you will likely be incurring legal expenses along the way.
- These legal fees and expenses may end up being higher than anticipated, especially if the trial becomes drawn out.
- If we elect to settle out of court, you will have money to pay your medical and other expenses much more quickly than if you go to trial.
- The details of your case will remain confidential if you elect to settle. If you go to trial, details of your case – and your potential reward – will be available to the public.
Bottom line: a settlement guarantees you some recovery. No motorcycle attorney can guarantee a recovery if your case goes to trial. That said, there are a number of reasons a plaintiff may decide that going to trial is the course of action to take.
- The primary disadvantage of settling out of court before initiating motorcycle lawsuits is that there is a slight chance that your motorcycle accident settlement may be lower than the payout you would have received had you gone to trial.
- You may be unable to reach a mutually acceptable settlement agreement with the at-fault party.
- In rare cases, you may wish to expose the actions of the at-fault party to public scrutiny in the hopes of preventing similar accidents in the future.
Remember, motorcycle lawsuits are gambles.
In exchange for potentially less money, you receive that money sooner rather than later, and without the intrusions, frustrations and delays associated with taking a motorcycle lawsuit to trial.
Only you can decide whether the risks of trial are worth the rewards. My job is to help you understand these risks and use this knowledge to make the decision that best protects your interests.
For more information about how to handle your motorcycle accident, insurance questions, and more, call Pennsylvania motorcycle accident attorney Lee D. Gaber at 888-292-5352 (888-CYCLE-LAW).