This is the second post in our series on the handling of Austin, Texas motorcycle accidents. Our last post provided an overview of topics we will be addressing over the course of this series and stressed the need to retain a personal injury lawyer after such an accident. Retaining a qualified attorney can help ensure that your matter is handled properly and that you receive the full amount of compensation which you deserve. In this article we will address another important topic – dealing with insurance companies after you have been injured on a motorcycle. Retaining an attorney immediately will allow counsel to focus on dealing with insurers so that you may focus on getting healthy.
Your attorney will immediately contact the defendant’s insurance companies after being retained. Once the insurer receives notice that you are represented then they will deal with counsel directly. If you have suffered serious injuries then it is important that you keep in contact with your lawyer while you are treating; it is important for counsel to be aware of the status of your situation. Once the extent of your injuries are known, and a future prognosis can be made, then it is possible to calculate the extent to which you have been damaged. A calculation of damages will include lost wages, medical expenses incurred, future lost wages, money for future medical care, as well as an amount for pain and suffering. The total of these amounts will be included in a demand for payment which will be sent to the insurance adjuster.
It is also necessary to gather evidence of the defendant’s liability before sending a payment demand to the insurer. The insurance company, after all, will not be willing to issue a payment unless it is shown that their insured was at fault. Evidence of liability can include police reports, witness statements, stop light camera footage if any is available, and more. It is important that your attorney begin to immediately gather such evidence once they have been retained. If counsel does not immediately begin to gather such evidence then it becomes possible that the information will not be available due to a lack of preservation and fading memories on the part of witnesses.
Once the demand for payment has been sent then the insurance adjuster will respond to counsel. They will typically either make a counter offer or will attempt to deny that their insured should be liable for the accident. If a reasonable settlement cannot be reached, then it will be necessary for your attorney to file a Petition with the Court to initiate a lawsuit.
Contact our Austin motorcycle accident attorneys today if you have been injured due to the negligence of another. Dan Christensen is a former prosecutor and military member who has devoted his career to standing up for the rights of victims. We take great pride in the level of service we provide to clients and we are ready to assist you. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.