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Motorcycle Accident FAQ

Helping the injured in West Virginia get answers

Being injured in a motorcycle accident can affect your life in many ways. You may be facing a lengthy recovery period and the medical expenses can add up quickly. You may lose income because you are left temporarily unable to work. And your injuries leave you unable to take part in your usual activities. The motorcycle accident attorneys at Mani Ellis & Layne, PLLC fight to get you the compensation you deserve so you can rebuild your life.

Our attorneys were all born and raised here in West Virginia. So when a client is injured due to someone else's negligence, we take it personally. And we make it our business to hold negligent parties accountable. We know how to build strong cases that get results. Our firm has achieved many significant outcomes through settlements and verdict.

If you've been injured in a motorcycle accident, you probably have a lot of questions. We've provided some answers to some common ones here. We're happy to answer all of your questions and go over your legal options. Simply contact us today for a free consultation with one of our attorneys.

Frequently Asked Questions

Do I need a lawyer?

An insurance company might tell you that you don't need a lawyer to file a claim after an accident. And technically, that's true. But sorting out liability and compensation after a motorcycle accident can be complicated. It can be a confusing and frustrating process. The insurance company knows that, which is why they have their own lawyers. That's why you need an attorney who will look out for your best interests. Our lawyers know the tricks insurance companies use to try to pay you as little as possible. And we don't put up with them. We build a strong case that proves negligence and we fight to get you the compensation you deserve.

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How long do I have to file a claim?

In West Virginia, you have two years after your motorcycle accident to take legal action.  But you should see an attorney as soon as possible. Your case may depend on proving that the other driver was negligent. It's important to gather evidence before it is lost, and to talk to witnesses while their memory of the crash is still fresh. This allows us to build the strongest case possible. The sooner you act, the greater your chances of recovering financial compensation for your injuries.

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How long will my case take to resolve?

There is no simple answer to this question, as it depends on many factors. A successful motorcycle accident claim must establish that the other driver was negligent and that you have suffered damages as a result. If there is a lot of evidence to support your claim and the insurance company is willing to negotiate, a settlement can usually be reached in a relatively short period of time. But if the insurance company chooses to fight you claim and we go to court, the entire process can take months or even years. We can give you more information about your case during a free consultation.

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What should I do after I've been in a motorcycle accident?

We suggest taking the following steps:

See your doctor or go to the emergency room. You want to make sure that you are thoroughly checked for injuries. A doctor can also document your injuries, which will be important in your case.

Report your accident to your insurer. Your insurance policy may require you to report your motorcycle wreck within a certain time period, regardless of who is at fault. You should comply with this policy, or else you could lose your right to file a claim. But keep your comments brief and stick to the facts of what happened.

Gather your documents and other evidence. Collect your medical bills, motorcycle repair receipts and documentation of all other accident-related expenses. You should also gather any letters or e-mails that insurance companies have sent you, crash scene or injury photos and contact information for eyewitnesses.

Get a copy or your accident report. You can ask for a copy of the accident report from the law enforcement agency that responded to your motorcycle crash, or you can go to the West Virginia State Police website to order a copy.

Do not accept a settlement or give a statement. If the other driver's insurance company calls you, asks for a statement or makes a settlement offer, you should decline to take any action until you speak with a personal injury lawyer first. Remember: The insurance company will be out to protect its interests - not yours. The lawyers of Mani Ellis & Layne, PLLC, will help you to deal with the insurance company as you move forward.

Additionally, we suggest that you write a summary of what you recall about your accident and a description of how your injuries have impacted you. This summary will help you to organize your thoughts when you talk with us about your case. You may also want to write out a list of questions that you want to ask us about your case and our law firm's experience.

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What kind of damages can I expect to recover?

If you have suffered life-changing injuries in a crash, we will aggressively pursue damages that:

  • Cover your past and future medical expenses so you pay no out-of-pocket costs and receive the medical treatment and rehabilitation you need for your recovery
  • Compensate you for any lost income due to your injuries and address the decrease in your future earning ability
  • Reflect the pain and suffering you have experienced, including your emotional distress and loss of enjoyment of life.

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What should I do if my loved one was killed in a motorcycle crash?

If you lost a loved one in a motorcycle crash, you will need to work with a lawyer who has experience with handling wrongful death cases. A wrongful death claim is similar to a personal injury claim in many ways. Like a personal injury claim, you must establish that another person's negligence caused the accident in order to recover damages. However, a wrongful death lawsuit also presents many unique issues, including determining who is eligible to pursue a claim and the types of damages available.

The attorneys of Mani Ellis & Layne, PLLC, can draw on our experience with these cases to seek just compensation for you and your family, including funeral and burial expenses, reasonably expected loss of your loved one's income and damages that reflect your own sorrow and mental anguish.

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What if my motorcycle accident was caused by a hit-and-run driver?

Typically, when another driver causes a motorcycle accident, you turn to the driver's liability insurance to pay for your damages. Unfortunately, many motorcycle accidents in West Virginia involve hit-and-run drivers, or drivers who flee the scene before police arrive.

If you were injured in a hit-and-run accident, our law firm will help you to file a claim through your own uninsured motorist (UM) policy. As a motorcycle owner in West Virginia, you must carry this insurance coverage. We will review your policy to determine the amount of coverage available to you.

Hit-and-run cases can be highly complex. For instance, you must establish that another driver was at fault for your accident, which is challenging when that other driver cannot be identified. Additionally, your insurance company may contest the amount of damages that you seek. However, with our experience in hit-and-run motorcycle accident claims, the attorneys of Mani Ellis & Layne, PLLC, will know how to tackle these issues for you.

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Location

Mani Ellis & Layne, PLLC
602 Virginia St E #200
Charleston, WV 25301
Phone: 304-720-1000