filing a motorcycle accident lawsuitYou are entitled to compensation for your injuries from the negligent driver if they caused your motorcycle accident. Your first step in holding them accountable is to file a claim with their insurance company. If this fails, you might need to file a lawsuit. We explain the difference and how a personal injury attorney can help with both processes.

Filing an Insurance Claim

The first step you will most likely take to obtain the damages you are entitled to under Missouri or Kansas law would be to file a claim with the at-fault motorist's insurance company. If you want to receive all that you deserve from them, you should hire an experienced motorcycle accident lawyer in Kansas City to do this for you.

Filing a claim is a process done outside of the court system. The first step would be for your attorney to send the insurance adjuster a demand letter outlining how the other driver's negligence caused your crash, the injuries you suffered, the medical treatment you need, and the amount of compensation you are seeking.

Once the insurance company receives the letter, they would investigate your claim and make a counteroffer of what they are willing to pay to settle your case. Your attorney may need to go through several rounds of negotiations before they are able to reach a settlement with them. While not all motorcycle accident cases are settled through the claim process, many are.

Filing a Lawsuit

If filing a claim is not successful, you might need to pursue your legal rights by filing a civil lawsuit against the negligent driver. You would need to do this under these circumstances:

  • The insurance company refuses to offer you a fair settlement or denies your claim.
  • The statute of limitations, which is the deadline to sue, will expire soon. It is crucial that you file your lawsuit before this time period expires to avoid having your complaint dismissed by the judge and losing the right to seek damages from the insurance company.

Even if you have to file a lawsuit, you will most likely be able to settle the case before it is scheduled for a jury trial.

Have You Been Injured in a Kansas City Area Motorcycle Accident?

If you've been injured in a motorcycle accident, you need to speak with an experienced motorcycle accident lawyer as soon as possible. It will cost you nothing to hire us because we handle these cases on a contingency fee basis where you only pay us if we win your case. We will also front the costs and fees you could incur.  Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.

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James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.