Many people are opting for motorcycling to driving since motorcycles are easier to maintain and of course, more fun to ride. However, accidents are a common issue with motorcycles. Unfortunately, in most cases, motorcyclists are seen as the ones at fault in accidents since they have been sharply criticized in the past. Getting compensated as a motorcyclist is, therefore, a challenging venture.
Hiring a good motorcycle accident injury attorney from Denver is the first step towards getting fair compensation. Some people might be discouraged with the myth that the compensation might take a long time to get and hence let it go altogether. With a good understanding of the basic phases involved in a motorcycle accident case, however, you can pursue your case without worry. Here are the basic stages your case will go through after an attorney files the lawsuit.
Service of the Answer
A “service of the answer” is a written response from the other party in your accident concerning the allegations in the incident. The laws on how long it should take the defendant to give you a service of the answer varies based on your state’s legislation. In most states, the timeframe is not more than 30 days from the time of filing your lawsuit.
In this stage, you and the defendant will try to gather as much information concerning the accident as possible. Bills of particulars, depositions, interrogatories and medical records are some of the documents required in this step. These and other materials help to establish who is at fault in an accident. One of the crucial documents most motorcyclists forget is a police statement. Ensure you report your accident so that you do not miss this vital piece of paper.
These encompass written requests to the court for the resolution of different legal issues before the case goes to trial. Most motions are based on the failure of one party to comply with various requests in the discovery process. If you have no issues in discovery, more often than not, there are no motions.
These are scheduled meetings between your attorney and the defendant’s, as well as the judge. The status of your case is the focus of discussion during the conference. Conferences are usually meant to ensure your case moves along to resolution or a trial.
After completion of all the preliminary steps, your case proceeds to trial. Here, your attorney has to prove that the defendant was at fault and you, therefore, deserve compensation. In the trial, the jury or judge will determine if your case has met the burden of proof and either deny or accept your claim.
You can get compensated at any point in the above phases before getting to a court trial. Generally, your case will move along faster if both parties are cooperative and dedicated to the resolution of the situation. This does not mean, however, that you should settle for whatever amount a defendant offers just so you can get your accident done with.