The thrill of the open road, the wind in your face—riding a motorcycle is an experience of pure freedom. But when that freedom is violently interrupted by a negligent driver, the consequences are devastating. Motorcycle accidents almost always result in serious, life-altering injuries, leaving riders with a mountain of medical bills, lost income, and a long, painful road to recovery.
In the chaotic aftermath of a crash, it’s tempting to think that the at-fault driver’s insurance company will do the right thing. Unfortunately, that’s rarely the case. Insurance companies are businesses, and their primary goal is to pay out as little as possible. They will use every tactic in their playbook to devalue your claim and pressure you into accepting a quick, lowball settlement.
This is where an experienced Wisconsin motorcycle accident lawyer becomes your most crucial asset. A skilled attorney does more than just file paperwork; they are a strategic partner dedicated to maximizing your financial recovery. Here’s how a motorcycle accident lawyer can help you get the full and fair settlement you deserve.
1. Overcoming the Unfair “Biker Bias”
The first and most significant hurdle in any motorcycle accident claim is overcoming the unfair stereotype that plagues riders. Insurance adjusters, and even potential jurors, often harbor a subconscious bias, assuming that motorcyclists are inherently reckless. They will try to use this to their advantage, arguing that you were speeding, weaving, or somehow at fault for the accident, regardless of the facts.
An experienced attorney knows how to dismantle this bias from the very beginning. We do this by:
- Building a Case on Hard Evidence: We don’t let them control the narrative. We build your case on a foundation of facts—police reports, witness statements, and expert analysis—that clearly demonstrates the other driver’s negligence.
- Humanizing You: We tell your story. We show that you are a real person with a family, a job, and a life that has been turned upside down. We make them see you as a victim, not a stereotype.
2. Conducting a Thorough and Immediate Investigation
Evidence is the cornerstone of a strong claim, and it can disappear quickly. A skilled lawyer will launch an immediate investigation to preserve critical evidence before it’s lost. This includes:
- Securing Accident Scene Evidence: We document the scene with high-quality photographs and videos, capturing road conditions, traffic signals, and property damage.
- Hiring Accident Reconstruction Experts: In complex cases, we bring in experts who can scientifically reconstruct the accident to prove how it happened and who was at fault.
- Uncovering “Hidden” Evidence: We subpoena cell phone records to check for distracted driving, access traffic camera footage, and even investigate the other driver’s history.
3. Accurately Valuing Your Catastrophic Injuries
This is one of the most critical functions of a motorcycle accident lawyer. The true cost of your injuries is not just your current medical bills. It’s a lifetime of potential expenses and losses. We work with a team of medical and financial experts to calculate the full value of your claim, including:
- Future Medical Treatment: We account for the cost of future surgeries, physical therapy, medication, and any long-term nursing or in-home care you may require.
- Loss of Earning Capacity: If your injuries prevent you from returning to your job or limit your future earning potential, we calculate the full value of that lost income over your lifetime.
- Pain, Suffering, and Emotional Distress: We fight for significant compensation for the physical pain, emotional trauma, and loss of enjoyment of life you have suffered.
- Modifications and Adaptive Equipment: This includes costs for things like wheelchair ramps, vehicle modifications, and prosthetic limbs.
Without an attorney, it’s nearly impossible to accurately calculate these future damages, and you risk accepting a settlement that will leave you financially vulnerable down the road.
4. Negotiating from a Position of Strength
Insurance adjusters are trained negotiators. They handle hundreds of claims a year and know all the tricks to get you to settle for less. When you have a lawyer, you level the playing field. We handle all communications and negotiations with the insurance company. They know we are not intimidated by their tactics. They know we are building a case for trial. This position of strength forces them to take your claim seriously and dramatically increases the likelihood of a fair settlement offer.
5. Taking Your Case to Court if Necessary
The credible threat of a lawsuit is your most powerful bargaining chip. Insurance companies’ biggest fear is a large jury verdict. If they know your attorney is an experienced trial lawyer who is willing and able to take your case to court, they are far more likely to offer a full and fair settlement to avoid that risk. If they refuse to be reasonable, we will not hesitate to file a lawsuit and fight for you in front of a judge and jury.
Frequently Asked Questions (Q&A)
Q: How much more can I get with a lawyer?
A: While every case is different, industry studies have shown that accident victims who hire a personal injury lawyer receive, on average, settlements that are significantly higher than those who do not—even after the attorney’s fees are paid.
Q: I think I was partially at fault. Can I still get a settlement?
A: Yes. Wisconsin’s comparative negligence law allows you to recover damages as long as your fault is not greater than the fault of the other party. An experienced attorney can work to minimize your percentage of fault and maximize your recovery.
Q: How much does it cost to hire a motorcycle accident lawyer?
A: At Fitzpatrick, Skemp & Butler, we work on a contingency fee basis. This means you pay absolutely no attorney’s fees unless we win your case. There is no upfront cost and no risk to you.
Don’t Settle for Less Than You Deserve
Your life has been changed by someone else’s negligence. You deserve a settlement that not only covers your bills but also provides for your future and compensates you for your suffering. Don’t try to fight the insurance companies alone.
The experienced and compassionate motorcycle accident attorneys at Fitzpatrick, Skemp & Butler are here to fight for you. We invite you to visit our homepage to learn more about our firm’s dedication to riders. Then, contact us at 608-784-4370 for a free, no-obligation consultation. Let us help you maximize your settlement and get back on the road to recovery.