ATVs are increasingly becoming popular, with many people looking to enjoy their off-road capabilities. They are powerful off-road vehicles and a fun way of exploring the outdoors. However, being involved in an accident with these vehicles is very dangerous, with most ATV accidents resulting in devastating injuries and fatalities.
Unlike other motor vehicles, ATV accidents are catastrophic, even if the rider or passenger wears protective gear. ATV accident victims commonly suffer brain and neck injuries, which are life-altering and lead to costly medical expenses. Victims also suffer from lost income due to long hospitalization periods. Like other personal injuries, you should enlist the help of legal experts, such as NicoletLaw.com.
Legal Options Following ATV Accidents
With the help of an attorney, you should consider the following legal options available for ATV accident victims.
- Filing a wrongful death lawsuit if there’s enough proof another person’s negligent actions caused the accident.
- Filing a claim with the victims’ insurance party. Your insurance provider can cover the accident’s medical costs, financial losses, and property damage.
- Filing an ATV injury lawsuit if the party at fault lacks insurance coverage to compensate for injuries and damages.
- Filing a liability insurance claim with the ATV manufacturer for compensation. This insurance policy compensates for damages caused by defective ATVs.
You should have an experienced attorney to guide you and recommend the best possible option that can guarantee compensation.
How ATV Accident Lawyers Can Help
Your ATV accident lawyer can help by:
1. Investigating the accident
Some ATV accidents are simple, while others are quite complicated. Depending on the nature of the accident, it may be necessary for your lawyer and the relevant authorities to investigate the cause of the crash and the liable party. If you are the victim, you should have enough proof that you didn’t contribute to the accident. Lawyers can investigate the accident and collect the required evidence to build a strong case for your claim.
2. Understanding the law
If you haven’t dealt with legal processes before, you’re excused if you think laws surrounding personal injuries and property damage are not complicated. While accident cases can be resolved quickly, you will need a lawyer if the party at fault or the responsible insurance company fights back, denies your claims, or delays payments. You’ll need someone with a better understanding of accident victim rights, insurance contracts, and legal proceedings.
3. Protecting your rights
Ideally, you should receive compensation a few weeks after filing your claim. This allows you to cover medical costs, lost wages, and other expenses without straining. Unfortunately, this isn’t always the case. Most insurance companies protect their profits by delaying claims processing, denying claims, or blaming victims.
Therefore, you should prepare to fight the insurance company for wrongfully denying the claim or offering a low settlement offer. This requires that you engage a lawyer who understands these circumstances and knows how to deal with stubborn insurance companies.
4. Representing you in court
Some ATV accident cases can quickly be resolved without filing a lawsuit. However, you may need to file a lawsuit in court for the insurance company to take your claim seriously. Filing a lawsuit without prior experience is certainly daunting. However, an experienced attorney can handle the legal process, which includes evidence gathering, presenting, and defending your claim in court.
5. Maximizing the discovery process
You should consider filing a personal injury lawsuit if the insurance company denies your claim or the liable party isn’t insured. Similarly, you should file a lawsuit to exploit the discovery process. Most civil suits have the discovery process, where the parties involved exchange information and other accident details. Your personal injury lawyer can use the discovery process to advance investigations and gather more evidence to support your claim.
6. Negotiating the settlement
You may not receive a fair settlement immediately, even if your compensation claim is approved. Most insurers offer low-ball settlement amounts as they try to minimize claim payouts. However, your accident lawyer can value your damages to determine whether the settlement offer is reasonable. The lawyer can also justify your demands.
The Bottom Line
Most people focus on settling with insurance companies after a vehicle accident. While contacting the insurer is essential, you shouldn’t ignore the importance of hiring a lawyer to ensure you receive fair compensation.