Man about to ride motorcycle

How Do Motorcycle Accident Attorneys Decide to Take a Case?

By Greg Kohn

After a motorcycle accident that leaves you with injuries, you may be considering filing a personal injury claim with the at-fault driver’s insurer. At this point, you may begin wondering what your damages are worth and how much you may be able to recover for your injuries and losses. While this can be incredibly complex for most people to try to fully realize, for an experienced New Jersey motorcycle accident attorney it is something they deal with routinely, if not daily, and their experience can mean a stronger case for you.

But you may then wonder just what it would take for an attorney to take your case on. This is a common concern, and while it is a valid one, more people have a case for recovering damages than often realize it. Here are some things that an attorney may consider before taking a case.

How Will a Motorcycle Accident Attorney Evaluate Your Case?

When you have your initial consultation with an attorney, they will try to determine if your motorcycle accident case meets all of the criteria that a valid personal injury claim needs to meet. Put simply, the attorney will generally accept your case if they have room in their caseload, and the claim meets the requirements. 

There are 4 criteria that a valid claim must meet, and they are:

  • Show There Existed a Duty of Care: This is the first condition that must be met, and if you were hit by someone else operating a vehicle, you both had a duty of care to the other. This duty of care requires drivers to act in a way that preserves the safety of those around them, in a way any reasonable person would.
  • Proof of Negligence in Duty of Care: The next condition that must be met is that you must be able to prove that the other party was negligent in their duty of care. Negligence can be by action or by inaction, which means someone can be negligent by doing something they shouldn’t, or not doing something they should.
  • Prove Negligence Caused Injury: Once you have proven they were negligent, you must show that their negligence was the direct cause of the accident. This can be a challenge if you were also partially at fault, since New Jersey utilizes a form of comparative negligence, and you will be ineligible to collect any damages if you were more than 50% at fault.
  • Prove the Damages That Resulted: This is where keeping good records is going to be vital. Being able to show every cent that the accident cost you in economic and non-economic damages will help your attorney to get your claim to recover the most significant compensation possible.

What to Do if You Were in a Motorcycle Accident

If you or someone you know was involved in a motorcycle accident that resulted in injuries, you should reach out to an experienced personal injury lawyer as soon as possible to discuss your case. Most attorneys work on contingency, meaning they only get paid when you collect compensation. Get in touch with our office today for a free consultation.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.