Q. WHY DO I NEED AN ATTORNEY IF I HAVE BEEN IN A MOTORCYCLE ACCIDENT?

A. For several reasons:

1.        Pursuing recovery for injuries is a complicated legal process which requires the expertise and experience of a highly trained injury attorney. Many rules and strategies take years for an attorney to learn and acquire. Therefore, never attempt to handle your legal case on your own. Your recovery will generally be substantially higher, even after all the costs and fees that you incur in hiring legal representation are subtracted.

2.        When you have an attorney, you can seek medical treatment for your injuries through the most competent doctors at no upfront cost in most cases. Knowing an attorney has taken your case will give doctors the security that their bills will be paid once the case settles. This is especially important to those who have no PIP (personal injury protection) or health insurance and cannot afford to pay for the cost of the medical treatment needed.

3.      Only an experienced lawyer can assess the value of your case after learning the full nature and extent of your injuries, the value of your claim for pain and suffering, and the cost of future treatment and rehabilitation. Chances are, without an attorney, you will settle your case for much less than it is really worth.

4.      Most importantly, you need an attorney because the insurance company will offer you very little money for your injury. Only a competent, aggressive, and experienced lawyer has the means, the knowledge, and the ability to sue the insurance companies and force them to give you the appropriate settlement that you are entitled to. Insurance companies have a duty to protect and defend their own insured (the person who caused the accident). No matter how friendly they appear, the insurance company representatives are not your friends.  They have a duty to act in the best interest of their shareholders by saving money. You need someone on your side who has your best interest in mind.

5.        Lastly, when you have a lawyer, you don’t deal with any of the hassle, paperwork, headache and worry of dealing with insurance companies. You just sit back, knowing a skilled, competent, experienced lawyer who has your best interest in mind is going to handle your case and deal with the headache.

Q. WHAT ARE THE MOST COMMON TYPES OF INJURIES IN A MOTORCYCLE ACCIDENT?

A. The most common injuries are brain trauma and brain injuries. Abrasion injuries are also very common, along with broken arms (13%) and legs (29%). Amazingly, only 10% of all motorcycle injuries involve the spinal cord.

Q. HOW LIKELY IS DEATH AFTER A SERIOUS MOTORCYCLE ACCIDENT?

A. The statistics aren’t very good. Up to 80% of the individuals who were on a motorcycle at the time of a severe accident will die.

Q. IF THE RIDER AND/OR PASSENGER DIES, DOES THIS MEAN THAT THERE IS NO CASE?

A. As long as another party is at fault, a wrongful death suit may be filed by relatives of the deceased seeking damages.

Q. SHOULD I LET THE INSURANCE COMPANY TAKE MY RECORDED STATEMENT?

A. No. Absolutely not, especially in the case of a motorcycle accident. No insurance company is on your side…ever…even your own. They are only trying to find an excuse to get away with paying you very little or not paying you at all. Statements made while your brain isn’t functioning at par, could be used against you. Sometimes, you have to provide your own insurance company with a recorded statement because your policy requires it. In that scenario, you should consult with your attorney who will prepare you for the statement.

Q. AM I ENTITLED TO GET MONEY FOR THE TIME I LOST FROM WORK AS A RESULT OF MY MOTORCYCLE ACCIDENT?

A. Absolutely. You must first prove that a motorcycle accident occurred and discuss with your physician the nature of your work. If the physician agrees that you will not be able to perform your work as a result of your injuries, and instructs you to take off from work for a certain period of time, you will be entitled to get all the money that you would have earned if you had gone to work in that period of time (even if you wind up getting paid by using sick leave or vacation time). Furthermore, you are entitled to compensation for loss of income capacity if you are no longer able to perform the same occupation as prior to the injury (i.e. income you would have been able to earn had you not been injured that you are now unable to earn).

Q. HOW MUCH DO I HAVE TO PAY TO HIRE YOU AS AN ATTORNEY?

A. Nothing. You don’t have to pay anything upfront. You hire us on a contingency basis, which means we don’t charge you anything unless we win your case. We even pay for all of the expenses associated with your case out of our own pocket. Also, if for any reason we don’t recover any money (for example if we find out later that the party at fault has no insurance), we still don’t charge you anything. However, when your case settles, we take a percentage of the settlement for our fees and costs. This percentage depends on whether your case resolves before litigation or after trial. Please note, however, that in Washington the law requires that the client ultimately be responsible for reimbursing an attorney for costs advanced, even if the case is unsuccessful. Please contact us so that we can explain how this would work in your case.

Q. CAN I CHANGE MY LAWYERS IF I AM NOT HAPPY WITH THEM? HOW MUCH IS THAT GOING TO COST ME?

A. Fortunately, you can change your lawyer anytime at absolutely no cost to you. All you have to do is call us and let us know. We will immediately send a letter to your former attorney. As soon as they receive our letter, by law they are immediately obligated to forward your file to our office. Also, they are forbidden to contact you. You are not even required to inform them of your decision. Of course, if they have done substantial work in your case, they are entitled to get a portion of our fees for their contribution. This will only affect our fees and will not change your recovery.

Q. HOW MUCH IS MY CASE WORTH?

A. Only an experienced attorney can put a dollar value on your case and that is only after you have been examined by specialized physicians and the full nature and extent of your injuries are precisely determined and the cost of your present and future medical treatments are known. Furthermore, there are other factors that determine the value of your case such as, recent jury verdicts on similar cases in your area, the credibility of all parties involved, the length of time, the frequency, and the intensity of your pain and suffering, etc.

Q. WHAT IS MEANT BY A CAP ON DAMAGES?

A. A cap is the top award for certain types of damages that a state allows. The Washington State Supreme Court ruled that a ceiling on non-economic damages, commonly known as pain and suffering, is not constitutional.

Q. WHAT IS A STATUTE OF LIMITATIONS?

A. A statute of limitations creates a cut-off date after which a suit can no longer be filed.

Q. WHAT IS THE STATUTE OF LIMITATIONS FOR MOTORCYCLE INJURIES IN WASHINGTON STATE?

A. In general, an action must be filed within three years of the act that is alleged to have caused the injury.  Because there are circumstances that can alter the statute of limitations, it is crucial to speak with an experienced attorney as soon as possible.