#1: Communicate With the Insurance Company
One way a lawyer will assist you is to take over all communications with the insurance adjuster. If you try to talk to the insurance company yourself, you could inadvertently say something that could be misconstrued as an admission of guilt or otherwise hurt your case. The insurance adjuster could also take advantage of you and get you to agree to give a recorded statement or sign a medical authorization to get ammunition they can use to deny your claim. You avoid all these problems by letting your lawyer deal with them.
#2: Collect the Needed Evidence
You must prove the other driver’s negligence in causing your motorcycle accident, the seriousness of your injuries, and the amount of compensation you should receive from the insurance company. You do this by collecting evidence that proves your case. A skilled personal injury lawyer will determine what evidence you need and will collect it for you.
While you may be able to obtain some evidence on your own, other types of proof could be difficult to get. Helpful evidence your attorney may collect to establish the motorist’s negligence includes:
- Police report
- Photos and videos of the collision
- Eyewitness statements
- Business surveillance camera footage
- Black box data from the negligent driver’s motor vehicle
- Inspection report about the damage to your motorcycle
- Accident reconstruction expert report
#3: Obtain Medical Records and Doctor Reports
Another way an attorney can help you is to obtain and organize your medical records and medical information from your doctor. Having strong medical evidence is essential to achieving a favorable outcome in your case. A lawyer will do the following for you:
- Get and organize your medical bills and records
- Contact the health care provider for any missing bills or medical records
- Work with your physician to ensure that they provide the information you need to show that your injuries were caused by your motorcycle accident, the seriousness of your injuries, the treatments you need, and your final prognosis
#4: Determine the Value of Your Claim
In New Mexico, you are entitled to recover compensation for your past and future medical expenses, lost wages and lost earning capacity damages, property damages, and pain and suffering when an at-fault motorist caused your injuries in a motorcycle crash. Determining what your claim is worth can be complicated, especially if you are entitled to future medical costs, lost wages, and pain and suffering. A knowledgeable personal injury lawyer who handles many motorcycle accident claims in their practice can value your claim and advise you on what you can realistically expect to receive in your settlement.
#5: Negotiate Your Settlement
Your lawyer will negotiate your settlement with the insurance company. Unfortunately, since the pandemic, it is even more common for insurance companies to try to delay settling a claim when a victim tries to resolve their claim on their own. Insurance adjusters use many excuses, such as that they are working from home or have been sick, and can take longer to return calls.
An attorney may be able to speed up the time it takes to settle your claim. If the insurance adjuster raises disputes to deny your claim or pay you less money—which is common—your attorney will have strategies to refute their arguments.
#6: Work With Lienholders
You may have a lien placed on your settlement by a health care provider or medical insurance company that must be paid when you settle your claim. Your attorney can negotiate with them to try to reduce the amount of the lien so that you receive more money.
#7: Litigate Your Claim
You will need to file a lawsuit if the insurance company refuses to offer you a fair settlement, or the statute of limitations to file your complaint will expire soon. You will need a lawyer licensed to practice law in New Mexico to litigate your case.
Were you injured in a motorcycle accident in Roswell or Southeast New Mexico? Call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today to learn how we can help you.