Motorcycle Accident Lawyer in Gainesville
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If you or a loved one is suffering from injuries from a motorcycle accident, you may be dealing with severe physical pain, emotional trauma, disability, insomnia, and mounting medical bills. You may even be grieving a loss of life.
You do not have to endure the aftermath of a motorcycle accident alone. To speak with a motorcycle accident lawyer in Gainesville about your rights and options, call the Parrish Law Firm, PLLC at 571-229-1800 today. Let our legal team lift some of this heavy weight from your chest so that you can breathe a sigh of relief and focus on recovery.
From Whom Can I Recover Compensation for My Motorcycle Accident?
You can pursue compensation from any person or company whose negligence caused the accident. In some cases, the facts limit a determination of fault to the operator of another motor vehicle. In other cases, multiple parties could be at fault.
A municipality could be responsible if negligent road maintenance created an unreasonably dangerous road condition. Negligently designed or manufactured motorcycle components or personal protective equipment could also be at fault.
Virginia allows a motorcycle accident victim to recover damages from multiple parties. It is important to explain your case to a motorcycle accident lawyer who knows what questions to ask to protect your interests and fight for your rights.
What Damages Are Available After a Motorcycle Accident?
Motorcycle accident injuries vary from one case to the next. In general, the following are the types of damages that the Parrish Law Firm has helped our clients recover:
Reimbursement for medical bills (e.g., hospitalization, surgery, emergency transport, costs for traveling to appointments)
Pain management expenses
Mobility aids, home modifications, and/or medical equipment
Physical therapy, occupational therapy, and/or vocational therapy
Household maintenance (if routinely done by victim but now impossible)
Childcare (if accident necessitated this expense)
Lost wages or self-employment profit
Future earning capacity losses, including retirement earnings
- “Pain and suffering” and inconvenience
- Impact of amputation, scars, limps, or disfigurement on quality of life
- Loss of certain family relationships
- Motorcycle repair or replacement
- Replacement of damaged equipment or accessories
How much you can recover for your accident depends on your unique circumstances. Jim Parrish and his team work with financial and vocational experts to determine the costs of the accident and how it has affected you.
How Do I Prove Another Road User Caused My Accident?
In all injury cases, you have the burden of proving that the other party caused the accident. In Virginia injury cases, you must prove the other party was 100 percent at fault; if you contributed to the accident, it can be very difficult to recover the compensation you need.
Because of the uncertainties involved in determining the direct cause of an accident, a legal team may employ the expertise of an accident reconstructionist. This type of testimony could be persuasive to an insurance company or a jury to help ensure that the blame falls on the right party or parties.
Other expertise that an insurance company or jury may need to see or hear is that of a medical professional. Medical professionals are sometimes a vital part of a legal team. Doctors and specialists can help prove, “within a reasonable degree of medical probability,” (those are the “magic” words required by Court rules) that certain injuries resulted from an accident. They can also provide a prognosis concerning those injuries.
If another person or company’s acts or omissions directly caused the injuries, the burden remains on the victim to prove the extent of all injuries and the consequences of those injuries.
Proving liability is a hurdle that people sometimes forget. It takes a conscientious eye to anticipate arguments and defenses that an insurance company is likely to make.
Jim Parrish knows what defenses the insurance company is likely to use as he used to represent them. He now uses that information to help the other side — vulnerable injured victims.
Can I Still Recover Compensation If I Was Not Wearing a Helmet?
Yes. However, not wearing a helmet can complicate your claim.
Virginia law requires motorcycle operators and passengers to wear helmets, as well as goggles or safety glasses if the motorcycle does not have a windshield or safety glass.
While the law requires helmet use, it also establishes that not wearing a helmet is not an example of negligence per se. This means that not wearing a helmet does not prevent you from filing a claim for compensation.
However, not wearing a helmet can affect what you can recover compensation for. If wearing a helmet could have helped prevent a certain injury, you might be unable to recover compensation for that injury.
Consider the following: you suffered broken ribs, road rash on your arm, and a traumatic brain injury in your motorcycle accident. You would be able to recover 100 percent compensation for the broken ribs and the road rash; however, you might be stuck paying for the costs of your brain injury because wearing a helmet could have prevented it. Of course, that is something with which an experienced lawyer, like Jim Parrish, can help.
Get Answers to Important Questions During a Free Consultation
Talking to a motorcycle accident lawyer right away can spare you from making mistakes in your case. You can gather important information such as:
- Is your case vulnerable in any way?
- Is there evidence you should be preserving and, if so, how?
- What should you say to the insurance companies? What should you not say?
Call 571-229-1800 to speak with a Parrish Law Firm representative today.