Michael Padway & Associates logo

Factors That Affect The Chances Of A Settlement In A Motorcycle Accident Case

How Does Filing A Complaint Improve Someone’s Chances Of A Settlement? How Does That Process Work?

An attorney can file a complaint quickly and easily. Some attorneys wait a long time to do it, but a good attorney will do it very quickly. Once the complaint is filed, the case goes from a non-litigation adjuster to a litigation adjuster immediately.

The claims people, who handle the cases that have not been filed, are lower level people who have less understanding of the value of the cases. They deal with the cases in an atmosphere where they’re under no pressure to get your case settled quickly.

The litigation people tend to be sharper. They have a better understanding of what they’re looking at and they’re used to working under some kind of pressure because they know that eventually there will be a trial date and that the trial date is a deadline that they want to beat by settling the case. As a result, the difference between the treatment you get before you file a lawsuit and the treatment you get after filing a lawsuit is enormous.

Does The Threat Of A Trial Improve The Settlement Process And Chances Of A Settlement?

Simply put, if you won’t have the threat of a trial, the insurance companies will never be under any obligation to settle your case and they can make a lot of money by either offering you low amounts or nothing.

Demonstrative Evidence And Its Role In A Motorcycle Accident Case

Demonstrative evidence has become a critical part of the personal injury cases in the last six or seven years. This is where attorneys, jury consultants, and other individuals involved in the trial process can be very, very creative.

With a serious injury, typically the attorney will turn to a medical illustrator so that the jury can see an actual drawing of the fractured bones instead of looking at an X-ray that may be difficult to understand.

If you tell someone that there is a broken leg, it doesn’t sound like much. If you can show them that the bone you’re talking about is actually crushed into little pieces and a metal rod or a plate and screws are needed to get the bone back together so that it can function, it will make a huge difference.

Anyone without an attorney will not have a sense and wherewithal to go out and get this kind of material. If there is a question about liability, an attorney can, with an accident reconstructionist, put together exhibits showing how the accident happened, including animations or other kinds of evidence. Again, this is very, very specialized and quite expensive.

Functional Capacity Evaluations In A Motorcycle Accident Case

It’s one thing to go to your doctor and have them note that you’re having a lot of pain on the job, but it’s something very, very different to go to a specialist who has equipment where they have you perform various tasks and they can document what the limitations are in the motion of your arms, legs, or any other body part.

They can test to see if you still have the ability to lift. They can quantify whether or not you can stand or even sit at a desk for a long period of time. If you have this kind of information in a very, very specific way and you can show that these findings or test results are not mere opinions, it’s going to be very powerful evidence that can greatly enhance the value of your case.

Again, we’re talking here about serious injury cases, not the run-of-the-mill fender-benders, a personal injury attorney handling automobile cases may be handling.

If you need information regarding Factors That Influence Settlements In Motorcycle Accident Cases, call the law office of Attorney Michael Padway for a free initial consultation at (888) 373-5595 and get the information and legal answers you’re seeking.

Surviving The Crash

Essential Guide To Knowing Your Rights

Free Download