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What To Expect if Your Motorcycle Accident Goes to Trial in Canada

by Louise W. Rice

Motorcycle accidents can cause severe injuries, and dealing with the legal aftermath can be overwhelming. You should know what to expect if you’ve been involved in a motorcycle accident. Understanding the process can help you prepare for your case and choose a good lawyer.

Edmonton motorcycle accident lawyers work with insurance companies to negotiate settlements. They will take your claim to trial when a settlement cannot be reached. Before a case can go to trial, your lawyer will review the facts of the case and prepare to file a lawsuit.

What Follows After A Motorcycle Accident Case is Filed?

After a motorcycle accident, important events that could affect your case must be noted. The first step is to get a police report to document the facts of the accident. Also, reach out to an accident injury attorney. One that has experience with motorcycle claims is beneficial.

You and your attorney may file a claim against the at-fault driver if all necessary information is available. The goal is for the insurance company to agree to the claim and pay you for your losses. However, it’s common for there to be pushback or delay in the claim. Your attorney will encourage you to file a personal injury lawsuit if this happens.

If your case goes to court, you can expect several steps to follow, including:

  1. Filing a lawsuit: Your attorney will file a lawsuit against the at-fault driver and their insurance company.
  2. Discovery: Both parties will exchange information and evidence through discovery.
  3. Mediation: A mediator will help both parties negotiate a settlement.
  4. Trial: Your case will go to trial if a settlement cannot be reached.

What Can I Expect If My Motorcycle Accident Case Goes to Trial?

If your motorcycle accident case goes to trial, it wasn’t settled through negotiations with the insurance company. When a motorcycle accident case goes to trial, there are several things that you can expect.

The trial will be held in a court of law, and a judge or jury will decide the case’s outcome. The judge or jury will listen to both sides of the case, including evidence presented by your attorney and the defendant’s attorney.

During the trial, your attorney will show that the defendant was at fault for the accident and caused your injuries. This may include testimony from witnesses, medical records, and other evidence.

The defendant’s attorney will also have the opportunity to present evidence and argue that their client was not at fault for the accident or that your injuries were not as severe as claimed.

After both sides have presented their cases, the judge or jury will decide who is responsible for the accident and award damages.

However, it’s important to note that going to trial always involves risk. Insurance companies have a lot of money to hire top-tier attorneys. Your legal search must be thorough to ensure you have sound representation. A jury trial could be problematic because many people have prejudgments about motorcyclists.

Why Do I Need an Attorney After a Motorcycle Accident?

A motorcycle accident lawyer can help you navigate the legal process and fight for the compensation you deserve. They will collect and assess the evidence and decide on a monetary value for your financial, physical, or emotional damages; then send a letter of demand which starts the negotiation process.

In addition, they will prevent insurance companies from persuading you to settle for less than your claim is worth.

Final Thoughts

Seek legal representation if you have been in a motorcycle accident. A motorcycle accident lawyer can help you navigate the legal process and fight for the compensation you deserve. Accident injury lawyers offer consultations to review your case.

If, after working with the insurance company, your claim has to go to trial, expect a detailed presentation of the facts. A great injury attorney prepares you for trial by vetting your case, ensuring documentation of injuries, and gathering evidence.

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