Retaining The Best Motorcycle Accident Attorney Near You
Motorcycle collisions are among the most serious types of crashes that happen in South Jersey. These accidents often result in catastrophic injuries or fatalities. If you were seriously injured in a motorcycle wreck because of someone else’s negligence, you might be eligible to pursue compensation.
At Hoffman DiMuzio, we are the largest law firm of its kind in South Jersey with more than 65 attorneys. Our legal team is dedicated to fighting for the rights of our clients. We handle a broad variety of claims, including motorcycle crashes. Our attorneys have recovered hundreds of millions of dollars on behalf of our clients. We focus on holding negligent parties accountable for their actions while helping our clients recover full compensation for their losses.
Don’t hesitate to contact us at one of our five local offices for a free consultation. We have been trusted by the community since 1978 and can provide you with a fair and honest assessment of your case’s legal merits. Contact us today to request your free consultation.
Do I Qualify for Compensation?
Figuring out whether you might qualify for compensation following your motorcycle accident requires a liability determination. The attorneys at Hoffman DiMuzio can review the facts and evidence of your case to determine liability and whether your claim is viable. To win your case, you and your lawyer will have the burden of presenting evidence to prove the following legal elements by a preponderance of the evidence:
- The defendant owed a duty of care to protect you from injury.
- The defendant breached the duty of care by acting unreasonably.
- The defendant’s breach of the duty of care caused your accident and injuries.
- You suffered actual damages, including economic and/or non-economic losses.
If you have questions about liability and whether you have a valid motorcycle accident claim, contact a motorcycle accident attorney at Hoffman DiMuzio for a free case evaluation. Our legal team is experienced and knowledgeable and can help you understand your legal options.
Motorcycle Accident Insurance Issues
New Jersey has a no-fault insurance system in place for most types of motor vehicle collisions. When people are involved in car crashes, the drivers will typically file claims with their no-fault or personal injury protection (PIP) coverage first. All drivers are required to carry PIP coverage, and it typically pays for the motorists’ medical bills and certain other types of costs regardless of fault.
Unfortunately, however, PIP insurance does not cover motorcycles. If you are injured in a motorcycle crash, you won’t be able to file a claim with your PIP insurance under your auto insurance policy and will instead need to look for other compensation sources. For example, you might have medical payments coverage under your motorcycle insurance policy that might cover a small portion of your medical bills. Otherwise, you might have to rely on your health insurance to pay for your initial medical bills related to your injuries and be responsible for paying your deductibles and copays.
You can pursue a claim against the at-fault motorist who caused your accident and injuries with the help of an experienced motorcycle accident attorney at Hoffman DiMuzio. If you win your claim, you might recover compensation to cover all of your medical expenses and other losses. However, third-party claims can sometimes take months or years to resolve. Your lawyer can help to identify all of the potential sources of recovery and negotiate with the insurance companies for you. If necessary, he or she will file a lawsuit to pursue compensation for you.
What Is the Claims Process Following a Motorcycle Crash?
Following a motorcycle crash, the at-fault party’s insurer will likely contact you and ask about your injuries. You should avoid talking to the other motorist’s insurance company and are under no legal obligation to do so. Insurance companies try to talk to motorcycle crash victims to try to get them to say something the companies can use against them later in their accident claims. You should politely decline to talk about your accident or sign any documents without consulting one of our attorneys.
Motorcycle accident claims typically follow this process:
- Investigation – Your attorney will investigate your claim and might work with an accident reconstruction expert and investigators to determine liability and the extent and severity of your injuries.
- Claim valuation- Your lawyer will calculate the value of your claim and explain the range of values within which you might expect a reasonable settlement offer to fall.
- Demand letter – Your attorney will draft a demand letter that outlines your causes of action, explains your injuries and losses, and includes a monetary settlement demand.
- Counteroffer, acceptance, or denial – The at-fault party’s insurance company will respond with a counteroffer, accept your demand and pay your claim, or deny it.
- Negotiation – Your attorney will negotiate with the insurance company on your behalf to try to secure a reasonable settlement agreement.
- Formal lawsuit – If the insurance company denies your claim or refuses to offer a fair settlement, your attorney might file a civil complaint to commence a formal lawsuit against the at-fault motorist. The defendant will then have to respond to the complaint within a set amount of time.
- Discovery – After the civil complaint and answer have been filed, the case will enter into a period called discovery. During this phase, both you and the defendant will exchange evidence. Interrogatories and depositions might be used by both sides to gather more information and evaluate the case. Your attorney will continue negotiating with the insurance company throughout the discovery phase to try to secure an agreement.
- Trial – If a settlement is not reached, your attorney will take your case to trial and fight for you before a jury or judge until a verdict is issued. Either you or the defendant can appeal an unfavorable verdict. If you win a verdict at trial, and an appeal is granted, you might have to retry your case.
The vast majority of motorcycle accident claims are favorably settled short of trial. However, your attorney will prepare your case as if it is headed to trial to ensure you present the strongest possible claim of liability to encourage a fair, full settlement in your favor.
What Is My Claim Worth?
Since the value of motorcycle claims varies based on the severity of the injuries, the determination of fault, your likelihood of fully recovering, and other factors, a motorcycle accident lawyer can’t tell you how much your claim might be worth without meeting with you and analyzing the evidence and facts. Compensation in motorcycle crash claims might include compensatory damages and punitive damages.
Some of the types of compensatory damages that might be recoverable include the following:
- Past and future anticipated medical expenses for your accident-related injuries
- Past and future income losses related to your collision
- Property damage
- Physical pain and suffering
- Mental/emotional anguish
- Lost capacity to earn an income
- Home modifications if needed to accommodate disabilities
- Reduced ability to enjoy life
- Loss of consortium (wrongful death claims)
- Funeral/burial costs (wrongful death claims)
- Lost inheritance rights (wrongful death claims)
Punitive damages are designed to punish defendants for egregious actions and are not available in every case. However, if they are available in your case, punitive damages are payable on top of your compensatory damages. Your attorney will value your claim and help you understand the damages that might be recoverable in your case.
Why Should I hire Hoffman DiMuzio to Handle My Case as Opposed to Another Firm?
While many different law firms are advertising their services for motorcycle accident claims, there are multiple reasons why you should consider Hoffman DiMuzio when you are searching for the best motorcycle accident lawyer.
Our firm provides one-on-one attention to each of our clients. When you work with a motorcycle accident attorney at our firm, you will receive skilled, personalized attention throughout your case. We prioritize keeping open lines of communication with our clients so that you can receive answers to any questions you might have whenever they arise.
A motorcycle accident lawyer at Hoffman DiMuzio is prepared to help in all of the following ways:
- Give you an honest assessment of your claim’s viability
- Investigate and gather evidence from the accident scene and witnesses
- Review the police reports, accident reports, medical records, income statements, and other evidence
- Consult with medical experts about your prognosis and the severity of your injuries
- Work with an accident reconstruction expert to reconstruct what happened
- Negotiate with the insurance companies to secure a fair settlement
- Prepare your case to take it to trial if necessary
- Handle all communications for you
- Advocate for your interests and rights at all times
With five convenient locations throughout South Jersey, we strive to make ourselves convenient to our clients. You also will not have to pay any attorney’s fees until and unless we recover compensation for you.
Speak to a personal injury lawyer near you. Call 856.637.3000
We’ll schedule your FREE consultation online, over the phone, or at the office nearest you.
When Should I File a Motorcycle Accident Lawsuit?
Like other states, New Jersey has a statute of limitations for personal injury cases, including motorcycle accident claims. In general, you must file a lawsuit no later than two years from the date of your accident and injury.
While two years might sound like a long time, it can go quickly when you are dealing with recovering from your injuries. It is also not a good idea to wait until the time is about to expire to file your claim. The best approach is to speak with one of our experienced motorcycle accident lawyers as soon as possible after your case. This can allow us to preserve evidence that could otherwise be lost as time passes and fully investigate what happened. If you wait too long to file your claim, it will be time-barred, meaning you won’t be able to seek compensation for your losses.
What To Expect During Your Consultation
Upon calling our firm, you will first speak to one of our receptionists who will promptly transfer you to Senior Partner and head of our firm, Mr. Joseph J. Hoffman, Jr.
Mr. Hoffman, who has decades of experience and is rated in the top 1% of attorneys across the entire country, will personally speak with you about your case. He will listen intently… answer any questions you may have… explain how our injury team will be able to help… and offer additional insights into your situation.
Once all of your questions are answered, he will then schedule a consultation at no charge to you. During your free consultation, you will be introduced to the personal injury team to discuss your case in more detail. Should you choose to retain our firm, you will pay absolutely nothing unless your case is successful and you get paid.
What if I was Partly at Fault?
Even if you contributed to the cause of your collision, you might still be able to recover compensation. Under New Jersey’s comparative negligence law, your compensation award will be reduced by your percentage of fault. If you are determined to hold a greater degree of fault than the defendant, you won’t be able to recover compensation. One of our attorneys can help you understand whether you or the other motorist has a greater degree of fault and whether you might be able to recover compensation.
Contact a Motorcycle Accident Attorney at Hoffman DiMuzio Today
The aftermath of a motorcycle crash can be devastating for most victims. If you suffered serious injuries in a motorcycle accident that you believe was the fault of someone else, speak to the motorcycle accident lawyers at Hoffman DiMuzio as soon as possible. We offer free, no-obligation case evaluations and can help you to understand your rights and the potential legal remedies. Call us today to request a free consultation.