Pursuing a Virginia Motorcycle Accident Lawsuit

As fun as riding a motorcycle can be, the truth is that there is a much higher risk of suffering a serious to fatal injury in a motorcycle accident than there is if you are in a vehicle. According to the National Highway Traffic Safety Administration:

  • Bikers are 25 more likely to die in a vehicle accident.
  • Bikers are five times more likely to be injured as compared to passengers in cars.
  • Bikers are at risk for injury or death in 80 percent of motorcycle accidents.

Injuries Commonly Sustained in Motorcycle Accidents

Every motorcycle accident is different because there are unique circumstances involved. However, several types of injuries are more common than others among bikers hurt in accidents. If you have sustained any of the following injuries, an attorney from our firm may be able to help you recover your damages from the at-fault party:

  • Head or brain injury – The human brain is complicated and not fully understood, even by seasoned medical professionals. For example, you may have sustained a concussion and not even be aware of it. You could potentially exacerbate the injury by consuming alcohol or over-exerting your body which could have devastating results. Recovery from brain injuries can be a long process and require extensive medical treatment, including physical rehabilitation. These types of injuries also often require ongoing or future medical treatment, and those costs need to be included in a settlement or lawsuit.
  • Soft tissue injury – This is commonly referred to as whiplash and is extremely common in vehicle accidents when a person’s head is whipped forward and backwards with great force. The damage it causes can affect neural pathways to the extremities and cause spinal paralysis.
  • Emotional injury – One of the most common is also one of the hardest to diagnose and that’s post-traumatic stress disorder (PTSD). PTSD from a motorcycle accident can cause extreme depression, anxiety, and anger. PTSD can affect every aspect of your life, including personal and professional. PTSD does not always develop right away and can worsen dramatically over time if left untreated. A motorcycle accident claim settlement can include pain and suffering as well as counseling as damages in your claim or lawsuit.

Settle or Litigate

At some point during the process of your motorcycle accident claim, you may have to decide whether or not you want to accept the settlement offer the at-fault driver’s insurance company has offered or if you want to take the case to trial for a jury to decide.

This may not be an easy decision, however, it is very important to discuss your options with your attorney. Very often the decision to settle or to take it court rests on these factors:

  • Is the victim likely to recover more damages by negotiating a settlement or winning a lawsuit? Your attorney will know if there is a cap on the total dollar amount that you can win in a lawsuit. Compare that to how much your case is worth and it may help you decide which avenue to pursue.
  • How much will it cost to go to trial versus negotiate a settlement? Your attorney will give you an honest assessment of what the costs will be.
  • How long will the court case take to resolve as compared to a settlement negotiation? Your attorney will explain what the potential timeline may be before the case goes to court and comes to a resolution.

Contact Our Firm for Help

If you or a loved one has been injured in a motorcycle accident, you may be facing high medical bills and other financial difficulties. Our Virginia motorcycle accident lawyers understand how overwhelming these cases can be. The legal team at Shapiro, Washburn & Sharp has successfully advocated for many motorcycle accident clients for more than 35 years, getting victims the financial compensation they deserve. We are available to discuss your case.

We also offer a free motorcycle injury guide which offers information that you may find helpful.