Motorcycle Accident FAQs

How do I know if someone else was at fault in the accident?

In order to establish fault after a motorcycle accident, it is critical to conduct an investigation as soon as possible. Skid marks on the road, the damage to your bike and the vehicle that hit you, and other forms of evidence can all disappear if not photographed and collected promptly. In addition, it may be necessary to subpoena the driver’s phone records or obtain a copy of the accident report to help prove that the driver was distracted or drunk at the time of the accident. There are many other ways to prove fault as well, and the key is to conduct a prompt and thorough investigation.

 

What if I was partially at fault in the accident?

Determining fault in an accident requires a thorough legal analysis that takes into consideration all of the facts and circumstances involved. As a result, the only way to truly know whether you were at fault is to speak with a qualified attorney. But, even if you were partially at fault, you may still be entitled to a partial financial recovery.

Will you settle my case?

The decision to settle is up to you. While our goal in every case is to settle for maximum value as quickly as possible, you get to choose whether to accept a settlement offer or take your case to trial. We will give you the information you need to make an informed decision. If you are not satisfied with the insurance company’s best offer, we will fight aggressively to enforce your rights at trial.

How much can I recover for my motorcycle accident losses?

Each case is unique, and determining how much you can recover requires a careful assessment of the extent of your physical and psychological injuries, as well as the consequences your injuries are likely to have in the future. How much are your outstanding medical bills? What type(s) of ongoing treatment will you need? How long will you be out of work? What other ways have your injuries impacted your life? These are all critical questions that need to be answered when assessing your claim for financial compensation.

How long will it take to resolve my claim?

It could take as little as a couple of months, or it could take a year or longer. The answer to this question depends in large part on how reasonable the insurance company is willing to be with its settlement offers. If we can negotiate a fair settlement, your case could be over relatively quickly. If we need to go to trial, it will take a while longer.

How can I cover my bills while my claim is pending?

If you need help covering your bills while your claim is pending, there are options available. For one, we may be able to work with your medical providers to delay payment until your claim is resolved. Another option is to consider pre-settlement funding from a reputable provider. Many providers offer funds that only need to be repaid if you win, though you will need to make sure you understand all of the costs involved. We can help you assess your options if this is something that you need to consider.

How do I get started on my claim?

To get started with your claim, contact Joe Frick Law, PLLC to schedule a free, no-obligation consultation. Once you choose to work with us, we will take quick and decisive action to begin fighting for the compensation you deserve.

Civil Litigation FAQs

What do I need to prove to win a negligence case, such as a car accident?

You need to prove three elements to win:

  • Negligence – existence of a duty of care plus breach of that duty
  • Causation – the defendant’s negligence caused the accident
  • Damages – expressed in monetary terms

Each of these elements must be proven with admissible evidence under a “more likely than not” standard.

What happens when I file a lawsuit?

The process works like this:

  • You initiate the lawsuit by filing a formal Complaint with the filing fee.
  • The court serves the Complaint and other paperwork on the defendant.
  • The defendant responds, typically with a formal Answer.
  • The parties commence the discovery process.
  • A trial is held.
  • An appeal is held, if either party requests one.
What is “discovery?”

Discovery is the process by which each party demands information and evidence from the other side (and sometimes third parties) in order to prepare for trial.

Discovery may include requests for documents, information provided under oath, and even physical evidence. Discovery can be enforced by court order.

 

What is arbitration?

Arbitration is a trial with a private “rent-a-judge” and simplified rules of procedure. If you sue a defendant over a dispute arising out of a contract, for example, the contract may have included an arbitration clause that requires arbitration of your dispute and prevents courtroom litigation. Arbitration decisions normally cannot be appealed.

What is the difference between suing an individual and suing a corporation?

When you win a lawsuit against an individual, you may normally collect your judgment out of all of that individual’s personal assets (although, in many cases, an insurance company will end up paying the judgment). When you win a lawsuit against the corporation, you generally cannot draw on the assets of the individual who owns the corporation – you can only draw on the corporation’s assets.

Bankruptcy FAQs

What do I need to prove to win a negligence case, such as a car accident?

You need to prove three elements to win:

  • Negligence – existence of a duty of care plus breach of that duty
  • Causation – the defendant’s negligence caused the accident
  • Damages – expressed in monetary terms

Each of these elements must be proven with admissible evidence under a “more likely than not” standard.

What happens when I file a lawsuit?

The process works like this:

  • You initiate the lawsuit by filing a formal Complaint with the filing fee.
  • The court serves the Complaint and other paperwork on the defendant.
  • The defendant responds, typically with a formal Answer.
  • The parties commence the discovery process.
  • A trial is held.
  • An appeal is held, if either party requests one.
What is “discovery?”

Discovery is the process by which each party demands information and evidence from the other side (and sometimes third parties) in order to prepare for trial.

Discovery may include requests for documents, information provided under oath, and even physical evidence. Discovery can be enforced by court order.

 

What is arbitration?

Arbitration is a trial with a private “rent-a-judge” and simplified rules of procedure. If you sue a defendant over a dispute arising out of a contract, for example, the contract may have included an arbitration clause that requires arbitration of your dispute and prevents courtroom litigation. Arbitration decisions normally cannot be appealed.

What is the difference between suing an individual and suing a corporation?

When you win a lawsuit against an individual, you may normally collect your judgment out of all of that individual’s personal assets (although, in many cases, an insurance company will end up paying the judgment). When you win a lawsuit against the corporation, you generally cannot draw on the assets of the individual who owns the corporation – you can only draw on the corporation’s assets.

Chapter 7 Bankruptcy FAQs

What is the difference between a Chapter 7 and a Chapter 13 bankruptcy?

In a Chapter 7 bankruptcy, your assets are liquidated to pay creditors, and you then receive a discharge of your unsecured debts even if they have not been fully paid. In a Chapter 13 bankruptcy, you renegotiate your debt repayment plan and pay off your debts over three to five years.

 

Are any of my assets exempt from a Chapter 7 bankruptcy?

Yes. Although Idaho has opted out of federal bankruptcy exemptions, Idaho exemptions do apply. Among these exemptions are:

  • The homestead exemption (up to $100,000 of your home equity)
  • Alimony and child support
  • Motor vehicle equity up to $7,000
  • One gun up to a value of $750
  • Household goods and furnishings up to a value of $7,500
  • Public assistance and social security
  • Many more items
Can I discharge all of my debts in Chapter 7 bankruptcy?

Not necessarily. Certain debts cannot be discharged. Non-dischargeable debts include most secured debts, most student loans, alimony and child support, certain tax debts, and debts arising from fraudulent activity (such as writing a bad check).

 

Can my creditors come after me during Chapter 7 bankruptcy proceedings?

No, not as long as your bankruptcy petition is accepted by the court (sometimes it isn’t – please see below). Once the court accepts your petition, it will issue an automatic stay that suspends collection action by any creditor that has been included in your bankruptcy.

Can my Chapter 7 bankruptcy petition be rejected by the bankruptcy court?

Yes, your Chapter 7 petition can be rejected if, for example:

  • You have received a Chapter 7 discharge within the last eight years
  • You have received a Chapter 12 or Chapter 13 discharge within the last six years
  • You had another Chapter 7 petition dismissed within the last 180 days
  • Your income is too high

Chapter 13 Bankruptcy FAQs

Is Chapter 13 bankruptcy right for me?

If your income is too high, this may be the only bankruptcy option for you. In a nutshell, Chapter 13 is more likely to be right for you if you have the ability to pay your debts within a few years, and if you have valuable nonexempt property that you don’t want to lose.

 

Will I lose my home and car if I file under Chapter 13?

No, as long as the equity in those items is exempt under Idaho bankruptcy exemption rules – currently, up to $100,000 equity in your home and up to $7,000 equity in your car. Even if your equity exceeds these limits, you can still keep your home and your car by paying any excess equity to your creditors.

Which debts will a Chapter 13 bankruptcy not cover?

Chapter 13 will not cover:

  • Most student loans
  • Civil or criminal fines
  • Certain tax debts
  • Debts you fail to list on your petition
  • Debts that arose from your wrongful conduct
  • Child support and alimony obligations
  • Certain other types of debts
Will I have to go to court and testify?

Probably not. In all likelihood, you will only have to go to a creditor’s meeting. There, you will need to answer questions under oath put to you by the bankruptcy trustee, and speak to any creditors who bother to show up (often, none of them will).

 

Can filing for Chapter 13 prevent creditors from harassing me?

Yes. As soon as your petition is accepted by the court, it will issue an automatic stay. This means that all of your creditors included in the bankruptcy must immediately cease all collection activity. The court will mail out a notice; in practice, this process takes a couple of weeks to bear fruit.