Serious Injury Motorcycle Accident Cases Are Complex Litigation - Part 1

Motorcycle accidents, unfortunately, often result in serious and catastrophic injuries. Some of the reasons are obvious, such as that motorcycles don't have the surrounding metal cage, the safety designed interior padding, seat belts and air bags that protect auto drivers. Some of the reasons are less obvious, such as the "inattentional blindness" that impairs many auto drivers' ability to "see" the oncoming motorcycle often leading auto drivers either to pull out into intersections from side streets or turn left directly into the motorcyclists' path.

Motorcyclists may suffer quadriplegia, paraplegia, other spinal cord injuries, traumatic brain injury, TBI, debilitating internal injuries, catastrophic orthopedic injuries and limb amputations. Our serious injury motorcycle accident lawyers will discuss two of those categories of cases, involving TBI and spinal cord injuries. However, every serious injury motorcycle accident case is "complex litigation," much more complicated than "who ran the red light," and so it is very important that the seriously injured client obtain the representation of qualified lawyers, highly experienced in the preparation and presentation of complex litigation, motorcycle accident attorneys capable of competently presenting to the settlement judge and jury the full measure of the motorcyclist's general and special damages.

We'll contrast the ordinary and serious injury motorcycle accident case without in any way discounting the importance of the ordinary case, because every motorcycle accident case is important for the client and should likewise be important for the attorney. However, it would be inaccurate to say that the preparation or presentation of "general damages," "past and future medical expense" or "past and future loss of earnings" is similar.

For many motorcycle accident lawyers the term "general damages" means "pain a suffering"; but for the true serious injury motorcycle accident attorney, the most persuasive general damage evidence is what we call "loss of enjoyment of life damages." This is commonly the way our seriously injured clients see it. And it can be presented poignantly by juxtaposing the evidence of what the client enjoyed most in his life before the accident, through the testimony of friends, family, home videos and photographs, against a professionally produced "Day in the Life" film, demonstrating the courage of the serious or catastrophically injured client as he confronts and overcomes the challenges of his post accident daily life.

In the ordinary motorcycle accident case the Motorcycle Accident Attorneys might have to present some evidence of past medical expense, but presenting future medical expenses for the seriously injured motorcyclist is hugely more complex. For a more general discussion of motorcycle accident litigation you may consider >"How Motorcycle Accident Lawyers Present Liability Evidence". The presentation of the motorcyclist's future medical expenses commonly requires a number of treating doctors as well as medical experts engaged by the serious injury motorcycle attorneys, and then perhaps most importantly, a life care planner and forensic economist.

In the briefest summary, the life care planner, under the direction of the lawyer will consult with the treating doctors and other medical experts first to derive the client's post accident "life expectancy," and then identify all of the medical expenses, such as additional surgeries, rehabilitation expenses, anticipated convalescent home costs, replacement prostheses, wheel chairs, all the way down to the cost of the medical supplies and sundries that the injured motorcyclist will likely require over the remainder of his anticipated life expectancy.

The serious injury motorcycle accident lawyers will then present the life care planner's report to the forensic economist who will increase the individual medical costs over by the anticipated date they will be required by use of medical cost inflation government statistics, and then with use general inflation statistics to reduce that number to "present value." There is no other proper way to present future medical expense, and if not properly prepared, the Court will likely not permit the evidence to be presented.

Author Biobr> Raymond L. Henke, Principle trial Motorcycle Accident Lawyer with the California Motorcycle Accident Attorneys & Medical Malpractice Lawyers Group.

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Fort Worth Drunk Driving Accident Lawyer Mark A. Anderson

We proudly represent victims of drunk driving accidents. It's against the law to drive drunk. Unfortunately, people do it all the time. And when to do and cause an accident, usually the injuries are very severe. Do not settle with the insurance company without seeking legal advice. Call the Anderson Law Firm at 1-877-294-1115 or visit the firm online at www.maafirm.com



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Motorcycle Accident Attorney | Injury Lawyers For Motorcycle Riders

If you're in a motorcycle accident, many people automatically assume that the motorcyclist is at fault, and so you'll have to work hard to make sure that you don't let the insurance company believe that. Establishing liability may be easy if the police has put in their report that the other driver broke a traffic law and therefore caused the accident, but you may not always have the luxury. You may have to get witness statements, security camera footage or photographs of the scene to prove liability, either in court or to the insurance company. If you find that you cant handle the claim process yourself, or if the insurance company is making you wait a long time for your claim, and you suspect that they are stalling then you may want to seek out the services of a motorcycle insurance attorney, who can help you collect the damages for the repairs to your bike, storage and towing, injuries, medical care and physical therapy and possibly pain and suffering as well. Please contact the law firm of Emery & Associates at 1-800-300-0001 or at www.ledgerlaw.com.



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Motorcycle Accident Attorney - Tips 101

A recent high-speed motorcycle accident in Virginia injured four. The crash, between two motorcycles, was the result of speeding. According to authorities, one of the motorcycles involved in the accident was going around 100 mph when the driver lost control. This caused the driver of the second motorcycle to lose control and crash. Both motorcyclists had passengers riding along with them at the time of the crash.

One of the motorcyclists was charged with reckless driving as a result of the accident.

Typically when a Missouri motorcycle accident like this occurs, the reckless motorcyclist will likely be found liable for the injuries and damages caused from the accident. Although the second motorcyclist actually collided into the first, the first motorcyclist's reckless driving, "set the wheels in motion", for the subsequent crash. Had the first motorcyclist obeyed the speed limit and controlled his motorcycle, this accident may not have happened.

An experienced motorcycle accident attorney will tell you that these crashes often lead to serious personal injuries and even death. According to statistics, two thirds of all fatal motorcycle crashes are caused in part by speed. Of course, speed is also a leading cause of non-fatal crashes. The alarming part about these statistics is that speed is something that is completely under driver control.

Although other factors may contribute to a motorcycle accident, if the driver is speeding, resulting injuries will likely be more severe because of the increase of force upon contact. Speed also affects the reaction time of motorcyclists.

Speed limits across Missouri do not exceed 70 mph for motorcyclists, yet many motorcycle accidents deal with drivers traveling at speeds 80 m.p.h. and higher. As an avid motorcyclist, I know how exciting and enthralling a motorcycle ride on a nice day can be. However, it is important to keep in mind that nothing is worth everyone's safety.

It is important to take the following precautions when riding:

(1)Refrain from speeding and reckless driving;
(2)Wear protective gear and a helmet; and
(3)Always anticipate the worst case scenario.

Although most motorcycle accidents are caused by other passenger motor vehicles, the number of single-motorcycle accidents is on the rise. Speed is a significant factor in most single cycle crashes.

If you or a loved one are involved in a Missouri motorcycle accident, it is important that you obtain an experienced personal injury attorney who handles motorcycle crash lawsuits on a regular basis. An experienced accident attorney will be familiar with the court process and be able to maximize your recovery.

John Page is a senior partner at Page || Cagle, a Missouri personal injury law firm that handles serious injury and death cases related to car and truck accidents. John can be reached 24 hours a day by calling 314.322.8515 or 800.500.4658. Via email at john@pagecagle.com. The firm has created numerous informative websites for injury victims. The sites include http://www.injuredclient.com and http://www.motorcycleinjurylawgroup.com - The websites are packed with useful information related to all types of motor vehicle crashes.

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Michigan Motorcycle Accidents and Your Rights

Most motorcyclists use every possible safety precaution. However, a mistake by another driver may be the cause of a motorcycle accident. In that situation, even the most careful and skilled motorcyclist is at risk of life-threatening injury.

In the United States, about 4,000 motorcyclists die on the highways every year. Traffic accidents injure another 67,000 motorcyclists annually in this country. Many survivors of motorcycle crashes suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Victims often, never fully regain their ability to return to work or resume family responsibilities.

Even if a motorcycle accident victim fully recovers, the accident can take its toll. An individual may lose time and income from work, need help with household chores, and have to cope with the pain of injuries and necessary medical treatments. In short, a serious motorcycle accident can significantly change the victim's life -- temporarily or even permanently. That is why, if you or a family member is involved in a motorcycle accident, you need to protect your rights.

Motorcycle Accidents in Michigan

The facts about Michigan motorcycle accidents are clear. In 2005, the Michigan Office of Highway Safety Planning reported 120 motorcyclists died in crashes. Another 2,660 motorcyclists were injured in accidents in that year alone. Compared with other travelers, motorcyclists are at greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury. Statistics show that the danger is increasing. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%. These facts just begin to show the seriousness of these crashes. Statistics certainly cannot describe the lasting impact on the victims or their families.

What to do After a Michigan Motorcycle Accident to Protect your Rights

If you or other accident victims need emergency medical assistance, ask someone to call an ambulance. If you can, while you are still at the accident scene, collect the following information:

• Get the name, address, and telephone number of the other driver(s).


• Get the drivers license number(s) of the other driver(s).


• Get the insurance information of the other driver(s).


• Get the make, model and year of the other vehicles(s) and check the vehicle registration.


• Take down the vehicle owner's name and address, if the driver does not own that vehicle.


• If it is a business vehicle, write down the name, address, and telephone number of that business.


• If it is leased or rented, write down the name, address, and telephone number of the rental company.


• Give the other driver(s) your name, address, driver's license number and insurance information.


• Look around the accident scene to locate all possible witnesses to the accident. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.


• Listen carefully to comments that the other driver(s) make about events leading up to the accident, such as "I didn't see you," and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene. The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information is critical to "reconstruction" of the accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

Ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer. If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor's instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious accident, the at-fault driver or his/her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

• Do NOT get into an argument with the other driver(s) about what happened.


• Do NOT sign any statements or documents about the facts of the accident.


• Do NOT have your bike repaired. Wait until you have an attorney who will get your bike photographed and inspected, notify the other driver's insurance company, and show it the damage to your motorcycle.


• Do NOT answer questions from an insurance company or from an attorney representing the other driver.


• If your own insurance policy requires you to report your accident within a certain time, get an attorney to help you with this as well.

After an accident, it is essential to consult a Michigan motorcycle accident lawyer immediately. In important ways, the legal claims of a Michigan motorcyclist are different -- and more complicated -- than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a "motor vehicle."

Michigan Third Party Claims

The most important legal claim that may be available to an individual who is seriously injured in a Michigan motorcycle accident is a Third Party lawsuit against the driver whose negligence caused the collision. Under Michigan law, you must file this legal action within 3 years of the date of the accident. Your claim would include damages for non-economic loss, including your pain and suffering.

Michigan First Party Claims

The victim of a Michigan motorcycle accident also may have a First Party claim, for No-Fault benefits that cover economic damages, including medical costs, wage loss, attendant care, and replacement services. However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First Party Benefits. These No-Fault First-Party benefits may be crucial to the economic survival of the injured motorcyclist. Michigan law requires the victim to claim these benefits within one year. To make a proper claim, you first must determine which insurance company is responsible for paying your No-Fault benefits. An attorney can help you through this process, which based on the following legal guidelines:

Michigan Motorcycle Order of Priority for No-Fault Benefits

• 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...


• 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...


• 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...


• 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...


• 5th priority is to the Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Assigned Claims Facility is the State Agency with the power to assign an insurance company to provide benefits to an injured victim who is not eligible for other No-Fault insurance coverage. To get an application for these Benefits, you can contact the Assigned Claim Facility directly at 517-322-1875.

Road Defect Claims

Some motorcycle accidents are not caused by negligent motorists, but instead result from a roadway defect, due to faulty repair of the pavement. In some cases, an injured motorcyclist can make a claim against the state, county, or local government agency responsible for repairing the roadway. These cases involve complicated legal and factual issues. In addition, the time to file these claims is much less than the time for pursing other legal actions. You need an experienced attorney to handle these complex requirements properly. If you believe that you may have a road defect claim, or if you or a loved one was injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan motorcycle accident and personal injury law firm, has championed the cause of seriously injured Michigan motorcycle accident victims for three generations.

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Orlando Personal Injury Lawyer Rick Martindale - Abogado ilícito de muerte y Lesiones

www.GotJusticeInOrlando.com http www.MartindaleLawGroup.com got justice? Is the insurance company treating you unfairly after a car, truck or motorcycle accident? If so, contact Attorney Rick Martindale with the Martindale Law Group in Orlando, Florida. Rick Martindale, Esquire, is a former insurance adjuster who now represents injured clients in disputes with insurance companies. Call Rick toll-free at (866) 670-4Law (4529), and visit http Problemas con su compania de seguros? Nosotros hablamos tu idioma. En Espanol, visitenos a www.SuAbogadoOrlando.com.



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Motorbike Accident Compensation

Motorcycles have seen a recent surge in popularity in recent years. Indeed, the number of motorcycle owners continues to grow in the U.K. While many of us have long since known the advantages of traveling via the open road, unfortunately, there are those times when we feel invisible on that open road. Accidents between automobiles and motorcycles happen on a daily basis.

It is those times when you need the right legal advice so that you know how to proceed with a motorcycle injury claim. It is important to know your rights since a successful claim includes several components, including witness statements and even police reports. Selecting a law firm that has experience in these types of claims is important as you begin the tedious tasks of repairing your motorbike and the healing process for any injuries you might have suffered as a result of actions beyond your control.

Let us face it, studies show that in automobile/motorcycle accidents, the driver of the automobile is most often found negligent and too many times, they never see the motorcycle. Proving the facts of the case are important; and this means the sooner you contact the right solicitor, the sooner you can claim motorcycle accident compensation. The potential for a motorcyclist to suffer injuries is far greater than those of in automobiles and sadly, the odds of losing your life are greater if you are in an accident on your motorcycle.

If you have been injured in a motorcycle accident, you should know there are guidelines that must be considered, including the amount of time you have to file a claim. Identifying the driver guilty of causing the accident often falls on the victim. While there are police reports and other documentation, an important element of a successful motorbike accident claim is locating the other driver. Not only that, but there are those times when neither driver is at fault. In those cases, it may be you can recoup compensation through the Motor Insurers Bureau. Your attorney can provide the necessary information and act on your behalf, regardless of which avenue is pursued.

Take your time to carefully consider which law firm will best suit your needs. You want to select a solicitor who has proven experience in representing motorcyclists and one who provides transparent policies that you are comfortable with. The right legal advice will serve as your guide as you and your representation begin the journey to recovery - both from a health and financial standpoint. Ask questions, that is what your solicitor is there for.

Fees are generally based on a percentage of the award you receive and again, your attorney can provide guidance in this aspect as well. Before long, you will be enjoying the open roads again and through quality legal representation, you will be able to do so with no concerns for an uncertain future and perhaps that is truly what the definition of freedom is.

If you would like more information on Motorcycle Accident Compensation call the experts - GLP Law

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