Motorcycle Accident Lawyers Explains How to Work With the Insurance Company

As motorcycle accident lawyers, we help a lot of people that have been injured and are unsure of how to work with the insurance company (whether it be their own or the other driver’s) or what their next step should be.  This is understandable since most people do not often deal with another party’s insurance company, and are even less familiar with how to proceed with their own insurance company if the driver that hit them does not have enough insurance coverage, or no insurance. With that in mind, here are a few tips –

One of the first steps is to call your insurance company’s claim department.  Most have one that is available 24/7.  On this call, you will be speaking with a service representative that will take down your personal information and the basic facts of what happened in the accident. The purpose of this call is for you to open a claim and have a claim number assigned to you.  Your insurance company will also likely ask you to give a “recorded statement,” in which they will question you about the details of the accident and record the interview/call.  Because this process is unfamiliar to most people and even intimidating to some, and because you want to make sure that your account of the accident and your injuries is correctly stated, it is often helpful to meet with your motorcycle accident lawyer prior to giving such a statement so you will know what to expect.

You should always attend to your injuries right away; get checked out by a doctor and follow his/her recommendations. Give them your auto insurance information and claim number as well as your health insurance information. That way, your medical bills will be properly submitted and lessen your out-of-pocket expenses for medical bills that you did not cause.
We will be happy to meet with you and discuss what happened leading up to and during the accident.  Every detail can be valuable for building your case, so try to remember as much as you can and do not leave anything out, including what was around you, the road and weather conditions, etc.  You never know what will be used at a later date to prove your case.   If you do retain our services, we can then work with the insurance company on your behalf so that you will not have to worry about gathering your medical records, medical bills, wage loss information, etc., compiling that information and getting it to them.

As motorcycle accident lawyer, we will warn you that most insurance companies aggressively defend personal injury claims; therefore, you may be required to answer written questions under oath (interrogatories) or to appear for a deposition (where you are questioned under oath by the opposing party’s attorney).  The result of this discovery process will determine whether or not they make a settlement offer and, if so, how much they are willing to offer.  We can negotiate on your behalf to ensure that you receive the compensation you require, and if the insurance company’s offer is unreasonable, we can go to court and allow a jury to decide.

Terms You Can Expect to Hear from Civil Litigation Attorneys in Rapid City

As civil litigation attorneys in Rapid City, we represent clients with a variety of legal challenges.  Many people are unfamiliar with the differences between criminal and civil law, the terms that are used and the process in general.  If you are not an attorney or trained in the law, a lack of understanding can lead to complications when trying to go to court on your own.  This is one reason we always recommend retaining legal counsel.

In conversations with clients, we have found that people become more comfortable when they understand what to expect from the process.  With that in mind, here are some terms that you may encounter when engaged in civil litigation.

• Complaint.  As civil litigation attorneys in Rapid City, we can file a complaint (lawsuit) on your behalf.  This is a written document that sets forth your allegations (i.e., how you were wronged or injured and the remedy you are asking for).  It is signed and filed with the court and formally served (e.g. delivered by a Sheriff) on the person(s) you are suing. 
• Plaintiff.  You are the plaintiff if you are the one suing someone else.  For example, if you were injured due to a defective product and wanted to sue the company that made it, you would be the plaintiff.
• Defendant.  The defendant is the person or business you are suing, or against whom the lawsuit is being brought.  In some cases, like the example above, there may be multiple individuals or companies that contributed to what happened or are at fault.  We will help you identify them to make sure that the appropriate individuals or companies are included in the suit so that the appropriate individuals or companies are held accountable and you receive the financial compensation needed to compensate you for your injuries.
• Mediation.  Basically, a mediation is when the two parties in the lawsuit hire a neutral third party to assist them in negotiating in an effort to reach a settlement.  There are times where mediation can be helpful. For example, mediation allows the parties to often get the case resolved sooner, avoids the risks inherit with any trial, and avoid the additional costs that will be incurred at trial (e.g. expert witness fees).  Most mediations are non-binding; therefore, if the final offer proposed by the opposing party is insufficient, you have the ability to decline the offer and proceed to trial.
• Hearing.  Before the actual trial, the attorneys for the parties may appear before the Judge and submit oral argument concerning a motion or other matter and respond to any questions from the Judge.  The Judge may issue an oral decision that day, or take the matter under advisement and issue a Memorandum Decision or Order at a later date. 
• Discovery.  As civil litigation attorneys in Rapid City, we use discovery to “discover” facts and documents that might be helpful or harmful to your case so that we know all of the facts relevant to the lawsuit when we go to trial. Discovery typically consists of sending the defendant interrogatories (a list of questions that need to be responded to under oath), requests for production of documents (written requests for documents, or to inspect things), requests for admissions (written requests asking the opposing party to admit certain facts relevant to the lawsuit), and depositions (an individual is placed under oath and questioned by an attorney in the presence of a court reporter). As is readily apparent, the information obtained through discovery can be very critical in building your case.

To learn more about the legal process or to discuss your case in detail, schedule a consultation. 

What You Should Know About Gathering Evidence from a Trial Attorney

As trial attorneys, I know that a large part of the effort that goes into building a case often has to do with understanding the severity of the injuries that my clients have suffered so that I can better explain those injuries to the responsible party’s insurance company (or to the jury if the case goes to trial).  This also helps the jury when deciding the amount of compensation that my clients should receive.

Also, if you were in a simple fender-bender in which no one was injured, the insurance company for the driver at fault might be willing to make a financial offer that is acceptable and settle the matter outside of court. In contrast, if the car wreck involved multiple vehicles (and therefore multiple drivers), if you sustained severe and complicated medical injuries, or if you are seeking significant damages as a result of your injuries and losses, it is often more difficult to reach a settlement outside of court and a lawsuit may need to be brought. While most people would prefer to settle outside of court to save time, cost, and energy, that is not always possible.  When that happens, you need an attorney that has trial experience and knows how to gather evidence as part of the preparation process, something we strive to do well.  

In today’s digital world, more and more evidence is gathered based on your digital footprint, some of which could be helpful in building your case.

•    Cell phones. Your cell phone can come in handy after an accident.  If you were using a navigation app, it might show us where you were when the accident occurred and even what businesses were around you.  Simultaneously, your phone can be used to capture information at the scene of the wreck, including pictures of both vehicles’ location after impact, the damage to both vehicles, the road, the condition of the other driver, etc.   Assuming it can be done safely; taking pictures of everything you can, will often be helpful since they can be used in court.  As trial attorneys, we know that it is easy to forget things after the fact and pictures can help to jog the memory and provide context. 

•    Social media.  If your accident was out of the ordinary, there is a good chance that other people also took photos and posted them to social media.  If you were too injured to take pictures and pictures taken by others can be located, they it might be useful in showing the jury how extensive the accident really was. 

•    Cameras.  At many places you go, a camera or video camera may be capturing an image of you.  If the other driver ran a red light, as an example, we might be able to locate that footage to use in court. 

As trial attorneys, we are always prepared to go to court.  That being said, many of our clients often desire to get their claims resolved without have to go to court.  However, that is only possible if the responsible party’s insurance company is willing to settlement the claim for a reasonable amount.  If they are not, going to court becomes the only way to get our client compensated for the injuries and damages he/she sustained.  In that event, we will work with you to build the case to explain what happened and why you are deserving of compensation.   For more information, call and schedule a consultation.

Call a Motorcycle Accident Attorney After Your Crash

As motorcycle accident attorneys, we know how easy it is to get in a crash, regardless of how careful of a rider you are. Motorcycling is a way of life to many thousands of people, few of whom probably ever give a thought to needing a lawyer. However, should you ever get into an accident while riding your motorcycle; you should have an experienced motorcycle accident attorney in your corner. This is because a road accident involving a motorcycle and some other type of vehicle often presents some unique challenges.

Because motorcycles are narrower and considerably smaller than most other vehicles, such as cars, pickups, and SUVs, it is all too common for drivers to somehow fail to see motorcycles, resulting in them doing something like pulling out in front of, making a lane change into, or making a left-hand turn in front of, and into the path of, the motorcycle.

Due to their very nature, the rider of a motorcycle does not have the same protection that operators and passengers of car, pickups, and SUVs do.  As a result, motorcycle riders are far more likely to sustain serious or even fatal injuries in a collision.  As motorcycle accident attorneys, many of our clients therefore have serious injuries and require significant compensation to pay for medical bills, lost wages, and lost future earnings.

Motorcycle riders injured in collisions also face another challenge, since many people’s first assumption when hearing of a motorcycle wreck is that the motorcycle rider likely did something wrong. This is an incorrect assumption.  One study concluded that in nearly two-thirds of collisions involving a motorcycle and another type of vehicle, the motorcycle rider was not at fault.  However, it will fall to us, as your motorcycle accident attorneys, to show that you were riding in a reasonable manner, and did not cause the collision.

You need to bear in mind that it is important to contact an attorney promptly. Not only is there a limited time period in which you can file a claim, but evidence can be lost (such as skid marks fading away, vehicles being repaired, event data recorder information being lost, etc.) and crucial details can easily slip witnesses’ minds and be forgotten.

We do understand that recalling the details of the accident can be extremely distressing and emotionally draining for the person who was involved, and who was injured. You can be assured that we will handle this in a gentle and patient manner.  On the other hand, we also need as many details as possible to first determine if you have a case, and secondly to plan a course of action.

The injuries sustained in a motorcycle/vehicle accident can be extremely severe, and the associated cost of medical care and rehabilitation very high. Additionally, you may be unable to return to work for a period of time, resulting in you losing much-needed income.  It is for these reasons that a motorcycle accident attorney can prove to be very valuable when negotiating with the other driver’s insurance company or, if necessary, presenting your case in court.

To protect your interests and those of your family, hire an experienced motorcycle accident attorney who understands the complexities of motorcycle crashes, and who will help you understand your rights and get the compensation needed to reimburse you for your injuries and damages.  Give us a call to schedule your consultation today.

Speak With a Lawyer Before Entering Into a Real Estate Contract

As local lawyers, we often work with clients that are purchasing or selling real estate.  Whether you are purchasing or selling a home for your family, buying or selling an investment property, or leasing an office for your business, we can help to ensure that your rights are protected.  Real estate law can be complex and we believe that it is far easier to avoid disputes down the road by crafting the right contract ahead of time.  Here are some things you should keep in mind when entering a real estate transaction:

Who will own the property?

This is far more complicated than it sounds.  How you title the property will influence your ownership rights, have tax implications, and make a difference in your estate.  If, for example, you want to purchase the property in an LLC, that can help to protect you from personal liability, but your LLC documents need to be in place first.  The LLC documents will dictate the members’ respective rights, such as what happens if one member wants to sell, etc.  As such, your ownership documents must be in proper form before completing your purchase.  Simultaneously, if you are considering estate planning, you may want to hold the property in a trust, which also must be set up ahead of time.  We can go over your options with you, so that you can make an informed decision regarding who should actually own the property.

What do you want to do with the property?

Your immediate and long-term plans for the property are also relevant. For example, if you are purchasing a home and want to permanently make it into commercial office space, the zoning laws, etc. should be reviewed.  Similarly, if you are buying a property and want to subdivide it or build on it, there are other considerations that need to be reviewed to ensure that you are legally allowed to do so.  Take the time to check everything as part of your due diligence process so that you don’t end up stuck with a property that you can’t use.

Who gets the property later on?

Is this going to be a flip or a long-term hold?  Your intentions with regard to the property are important. By understanding your goals, we can help you to plan ahead to make it easy from the beginning.

What if you want out of it?

Not every real estate deal works out.  You may find something in your due diligence that makes the property uninhabitable, defective, a bad deal, or simply not suited for your purposes.  The contract needs to address the circumstances that will allow you to not follow through with the purchase of the purchase and, if so, what happens, such as whether you forgo any down payment or earnest money.  As your lawyers, we can draft your purchase and sale agreement to ensure that your rights are protected.

Insurance Attorney in Rapid City Explains How New Black Boxes Work

As insurance attorneys in Rapid City families trust, we help those injured in a car accident to receive the compensation they deserve for their injuries and damages.  We typically get involved after an accident has taken place and can make sure that the insurance companies do not force you to accept a “lowball” settlement offer that does not compensate you for your damages.  By working with you, reviewing your medical bills and wage loss documents, and working with the necessary accident reconstruction and/or medical experts, we can help to determine what amount will be required to address your injuries and damages both now and in the future.  

Can an Event Data Recorder – sometimes referred to as a “black box” – influence my insurance claim?

While working on accident cases we deal with Event Data Recorders (“EDRs”, or “black boxes”). If you are unfamiliar with what these are, generally, they monitor and record certain information and data in a vehicle, similar to the black boxes found in airplanes. Beginning in 2014, new cars, light trucks, SUVs and vans less than 8,500 pounds are required to have one built in.  EDRs often record what happens leading up to a car accident, such as throttle position, speed, velocity change, and brake application in the moments leading up to and during an accident.  The data can then be accessed/downloaded after the collision in order to get an idea of what actually took place during the collision.  

As insurance attorneys in Rapid City, we want to know what year your car was manufactured so that we can determine if an EDR was in your vehicle or the other party’s vehicle and whether information from the EDR can be retrieved. As with anything, the information may not tell the entire story, you still need an attorney to represent you. 

EDRs often give a moment by moment account of various vehicle data in the moments leading up to and during the crash.  Not only can such information often provide reliable information about the collision such as whether a person was speeding or not, but, sometimes, it can even tell if someone else was also in the car.  This is an incredible level of information. 

As insurance attorneys in Rapid City, we always recommend that you consider hiring an attorney instead of negotiating directly with the insurance company on your own.  When it comes to cars with these “black boxes” or EDRs, the assistance of an attorney that is familiar with them becomes even more important.  Data without context is still open for interpretation, and could be used by the other party or his/her insurance company to attempt to paint a different version of events than what you know occurred in the moments leading up to and during the accident. Ultimately, the complicated issues that can arise due to EDRs and “black boxes” in vehicles is simply another reason why it is a good idea to consult with an accident or injury attorney in Rapid City after you have been injured in a wreck.

As injury lawyers in Rapid City SD, we work hard to help individuals and families receive quality legal representation.  If you have been a victim of another persons’ intentional, reckless, careless, or negligent actions, and you need help recovering the compensation and damages you are entitled to under the law, look no further, we are a skilled and experienced injury lawyers in Rapid City SD. At our law office, we sincerely understand that the effects of injuries on accident victims and their families can often be, to say the least, overwhelming. Our attorneys will guide you safely through the insurance claim and/or litigation process, and make sure that your best interests are represented at all times.

Personal injury insurance claims and personal injury law is complicated and, to a certain extent, confusing for most people, however, our experienced legal staff are equipped to handle any type of injury lawsuit.  Put our legal experience to work, and let us advocate on your behalf so you can focus on your recovery. It is especially important for you to consider consulting an experienced lawyer prior to accepting any offers made by the other party's insurance company since, generally, once you release the other party and their insurance company, you cannot later ask for additional money.

Protect Your Rights
Not only do we aggressively negotiate with responsible parties and their insurance companies, if necessary we don't hesitate to take a case to trial if the other party or their insurance company is unwilling to offer you a fair settlement.  We often rely upon our clients’ doctors, and other experts such as accident reconstructionists, engineers, vocational experts, life care planners, and economists to explain what happened and demonstrate what will be required to ensure that our clients' current and future financial and medical needs are met.

Financial Compensation 
Regardless of how you were injured, and whether the injury is mild, moderate, or severe, we will focus on seeking compensation for your past and future medical expenses, your past and future lost wages, and your loss of enjoyment of life and pain and suffering.

Often times, insurance companies challenge the damages you allege you have sustained and will attempt to avoid having to pay you what you believe you lost or were damaged. Keeping records in order from your accident is therefore very important, such as medical bills, lost wage information, receipts for other accident related expenses, and any other documentation linked to the incident.  We can help you with this process, and many of our clients actually have us obtain and organize their medical records and bills. One of our injury lawyers will also examine your insurance policy, to see exactly what coverage is available under your policy, and work with you in calculating the amount that it will take to reimburse you for all of the damages that you have incurred. Once we have reached a figure you are comfortable with, we will pursue it on your behalf with the negligent party's insurance company.  We make every effort to ensure that our clients recover the damages they have sustained.

Don't Hesitate
If you or a loved one has been injured in an accident, don't hesitate to call an injury lawyer in Rapid City SD to discuss your rights. We welcome your call and look forward to helping you understand how the law provides for compensating you for injuries caused by the negligence of others.