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Until you have the chance to speak with an El Paso motorcycle accident lawyer, you likely have questions about taking action against the individual or businesses responsible for your motorcycle accident and injury. The answers to the following frequently asked questions about El Paso motorcycle accidents and the process of recovering damages provide preliminary information to get you started.
Each state has a time limit, called a statute of limitations, for accident victims to take action against those who caused their injuries. Most people who want to file a personal injury lawsuit against another party, including motorcycle accident victims, have two years to take legal action under Texas law. The same two-year statute of limitations applies to eligible surviving family members who want to file a wrongful death lawsuit after losing a loved one in an El Paso motorcycle accident. Texas courts have some leeway; however, it’s doubtful a court will listen to your case if you file a lawsuit after the two-year statute of limitations has passed. The law allows for rare exceptions in specific situations, but very few of them apply to motorcycle accidents. Here are a couple of examples of rare circumstances that could impact the statute of limitations in your case: - If your motorcycle accident occurred because of defective tires or another defective part on your bike, you could have up to 15 years to file a lawsuit. - If your motorcycle accident occurred because the City of El Paso, El Paso County, or the State of Texas did not take care of roads properly, you have to take action within six months. - You were incapacitated for a significant amount of time, preventing you from taking action. Ultimately, it’s a good idea to consult with a motorcycle accident attorney as soon as possible. The longer you wait to take legal action to recover damages, the weaker your claim. Witnesses move away or die, and evidence is not as strong or disappears. Yet, if some time has passed, it does not automatically mean you do not have a case. Let the team at Trust Guss Injury Lawyers review your case and advise you on your legal options going forward.
Some accident victims choose to avoid paying their medical bills. They mistakenly assume their bills are getting paid because someone else’s negligence caused their injuries. Anyone who receives medical treatment is financially responsible for their medical bills, regardless of who caused the injuries. Initially, your private health insurance, Medicare, or Medicaid will kick in to cover expenses. Also, if you purchased optional medical payments coverage with your motorcycle insurance, your insurance policy will cover a portion of your medical bills up to your policy limit. If you have a viable motorcycle accident injury claim, it does not mean the other party or their insurance company will automatically pay your bills. If you receive settlement money or court-awarded damages, you could get fully reimbursed for any bills you’ve paid. Additionally, compensation could cover any unpaid medical bills. However, do not ignore your medical bills while waiting to resolve your case. Failure to pay medical expenses can damage your credit because your providers will eventually send your account(s) to collections. Do not let another party ruin your credit after having caused you severe injuries. It’s okay if you cannot afford to pay your medical bills after a motorcycle accident. Many find themselves in this situation, especially when they miss work or suffer a permanent injury that prevents them from working. Communication is the key to saving your credit and managing your medical bills. Let your provider know your situation, and the chances of them sending your account to a collection agency will decrease. In many cases, providers will put an account on hold while someone is in the middle of a lawsuit. In other cases, providers will work with accident injury victims to develop a budget-friendly payment arrangement until a case is resolved.
It’s your choice whether to accept an offer, but it’s usually helpful to let an attorney review the offer first. Insurance companies care about their bottom line and do not like to hand out money. If a driver hits your bike and their insurance carrier makes a quick offer, you should question why they want to settle so quickly. If the insurance company didn’t think you had a viable claim, they would deny it. Sometimes when a carrier knows their policyholder is liable, they make a lowball offer to avoid paying more money down the line. Insurance companies sometimes use early offers to tempt victims of negligence to accept some cash and settle the claim. Once you accept their offer, you must also waive your right to any further compensation for your motorcycle accident injuries. If your accident happened recently, it’s unlikely that you know the full scope of your injuries. Your doctors might not be sure whether you will make a full recovery or if you will suffer permanent injuries. When you accept an offer too soon, you could leave yourself without the money you need or deserve for your motorcycle accident injuries. You can use an early settlement offer as a starting point for settlement negotiations. Your El Paso motorcycle accident attorney at Trust Guss Injury Lawyers can review your offer, place a fair value on your claim, and aggressively pursue the maximum amount of compensation for your claim.
If the motorcycle accident that led to the death of your loved one occurred because of negligence, you could be entitled to compensation. Texas law permits eligible surviving family members to take legal action against the driver or other party responsible for the accident by filing a wrongful death lawsuit. In El Paso wrongful death lawsuits, family members sometimes recover lost future wages of their loved one, funeral expenses, burial costs, pain and suffering, and more. Contact the team at Trust Guss Injury Lawyers today to learn more about how we can help during this difficult time.
Trust your instincts and err on the side of caution. If you feel you should consult with a lawyer after an El Paso motorcycle accident, you should contact us as soon as possible for a free case review. It’s easy to know what you should do in the most extreme cases. If you have suffered minor injuries, you might not need to file a claim. However, motorcycle accidents typically lead to moderate or severe injuries if one survives. Although not perfect, lost wages and medical expenses are a good rule of thumb to help you decide whether to contact an El Paso motorcycle attorney. If your motorcycle accident injuries kept you in the hospital long enough to rack up hundreds or thousands in medical bills, or you had to miss more than a few hours or a day of work because of your injuries, you may have a viable motorcycle accident injury claim. Additionally, you likely have a claim if you needed surgery after your accident or suffered a permanent injury. Contact a reputable El Paso motorcycle accident lawyer and let them review your case and determine your eligibility for compensation. It does not cost you anything to find out where you stand. However, if you assume your injuries are too minor to take legal action, you risk losing the chance to get the compensation you deserve for losses related to your motorcycle accident and injuries.
The vast majority of accident injury claims, including those involving motorcycle accidents, settle long before going to trial. However, you should always prepare to go to court. We cannot guarantee you won’t have to testify. Going to trial depends on how much you and the other party are willing to negotiate to avoid costly litigation. Both sides are motivated to agree because going to trial is expensive and drags out a claim. Your El Paso motorcycle accident lawyer can review your claim and give you an idea of how your case might play out based on similar cases in the past.
Several factors influence the timeline of your motorcycle accident claim. First, you only get money if you settle your claim or the court rules in your favor if you go to trial. Assuming you prevail, you will still have to wait months or years before you see a penny. When liability is clear, the other side will want to settle quickly. In these cases, motorcycle accident victims sometimes see settlement money within a few months. Liability disputes, multiple defendants, witness scheduling, and other issues related to litigation significantly add to the timeline it takes to resolve your claim. In these situations, you might have to wait two or three years, or longer, before you see any money.
Motorcycle accident lawyers, and other personal injury attorneys, do not charge an upfront retainer to new clients. Unlike tax attorneys and real estate attorneys, personal injury lawyers accept new clients on a contingent fee basis. Do not let worries about affordability prevent you from getting the legal help you need and holding the negligent party who caused your injuries accountable for their actions. A contingent fee agreement gives your lawyer the right to deduct their fees and other costs related to representation from any settlement money or court-awarded damages you receive on behalf of their work for you. At Trust Guss Injury Lawyers, you do not owe us a dime unless we win your case!
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