When you've been injured in a motorcycle accident, the last thing you need to worry about is how much money you might need to come up with to pay a lawyer. Fortunately, that's not something you need to worry about…

'Success' fee
We interviewed Claude Wyle, a California attorney and member of the Advocate Law Group network who has been practicing motorcycle law, and riding, for 25 years about how motorcycle accident lawyers are compensated. According to Wyle, they're paid a success fee. He explained, "In terms of the fees and costs involved in hiring a motorcycle attorney, it's important to understand that we are only compensated if we do well for the client. We work on a contingency fee, or as I like to call it, a success fee. If we're successful with the case, we get paid. If we're not successful with the case, we do not get paid. We advance our time. We advance our money. For our time, we get a percentage of the recovery; and for the money we advance, we get paid back. So, the better we do for the client, the better we do for ourselves."

Reputation matters
A good reputation in any business generally means that someone is doing good work – and that's true for motorcycle accident lawyers as well. Wyle explained, "Thankfully, we're a successful firm and one of the reasons is that we really like to do well for our clients. We want a lot of happy clients out there. One client saying anything bad about you is going to lose you a lot of business. However, we get a lot of business from our clients. We also get business from motorcycle shops, mechanics and even from the lawyers we've had cases against after they gain respect for us. We get a lot of referral business from defense lawyers in our firm – particularly for motorcycle cases."
Results matter most
Reputation is clearly an important consideration when hiring a motorcycle accident lawyer. The only thing that may matter more is results. Although Wyle didn't want to tout the results he's obtained for clients, he agreed to share a few of his most recent results with us:

• $1.3 million. We've handled cases against motorcycle manufacturers for faulty design that went over 1.3 million dollars for a gentleman who lost the lower part of his leg. In that case, the motorcycle manufacturer had a witness that said he was doing a wheelie immediately before losing control, but we overcame that. We just settled a case against a van driver who pulled a u-turn on a country highway in Marin County right into the path of the motorcyclist. Our motorcyclist told the Highway Patrol that he was doing 65 in a 45, but still we were able to get him 2.25 million dollars because both his arms and legs were broken.
• $250,000. I settled a case recently for a motorcyclist who also lost the lower part of his leg when a lady pulled a left turn in front of him. Her policy limits were $250,000, but we made her and her husband dig into the equity of their home. They refinanced it to take some money out and then we basically split their equity with them. They had $300,000.00 in equity, so they put $150,000 more into my client's pocket and the total settlement became $400,000.
• $250,000. We just had a case against a motorcycle manufacturer where the bike lit on fire underneath him and he suffered some pretty bad burns to his upper legs and buttocks. That went for $250,000. We were able to settle that with the factory representative and their national council without having to file a lawsuit.

If you or a loved one has been injured in a motorcycle or bicycle accident, contact an attorney whose practice focuses in this area of law. Click here, for a free consultation with a motorcycle accident attorney.

It's very difficult to talk to any kind of lawyer without getting a sales pitch. Lawyers are good at talking; however, as one lawyer put it, "If lawyers can't sell themselves, then they won't be able to sell your case either!"

Finding the 'right' attorney for your case:- The lawyer responsible for the above quote is Claude Wyle, a California attorney and member of the Advocate Law Group network who has been practicing motorcycle law, and riding, for 25 years – and what he says is true. However, aside from talking, finding a lawyer with experience in the type of case that you have is what really makes all the difference. Wyle provided the following advice on hiring a motorcycle accident attorney:

You should ask a lawyer specifically how many motorcycle cases they've handled and what kind of percentage of cases they have for two-wheel vehicles. It also helps if this motorcycle lawyer actually rides. And I don't mean, "Yeah, I had a bike when I was back in college for six months. I crashed it and stopped riding." Do these motorcycle lawyers really ride? It's an important question because you've got to learn the dynamics of how a motorcycle works in order to explain them to other people.

In our firm, we've had many track days. My assistant actually teaches motorcycle safety and teaches people how to ride. I've been riding two-wheel motorized vehicles since about age 12 or so and I still do. I just got back from a thousand mile trip just Sunday night. I continue to go to the races. I continue to read about motorcycles. I continue to fiend about what kind of new bike I would want, what I can do to my motorcycle to make it run better and I continue to think about motorcycling all the time as does my partner and my assistant. In my opinion, that's the kind of lawyer you want handling a motorcycle case.

Knowledge, experience and information – is power:- According to Wyle, some cases are so easy that any lawyer can handle them. However, motorcycle accident cases don't generally fit that mold. He explained, "Even a left turn in front of a motorcycle case has elements and dynamics that are different from a car crash and a motorcycle lawyer will have the advantage over the other side. That is important. The insurance companies and all the defendants bring a tremendous amount of resources to bear against the injured motorcyclist."

"Our greatest power is knowledge, right? Knowledge is power. Experience is power. Information is power. The 'right' lawyer will have the power to combat the resources that the other side has and if you have a lawyer who knows more about motorcycling and motorcycle accidents then their lawyer does, you have an advantage that will help you in the long run."

If you or a loved one has been injured in a motorcycle or bicycle accident, contact an attorney whose practice focuses in this area of law. Click here, for a free consultation with a motorcycle accident attorney.

Motorcycle accidents generally result in very serious injuries. When injuries occur and a lawsuit is filed, a motorcycle accident lawyer has to be quick on his or her feet. But what steps does a lawyer take when accepting a case from a motorcyclist?

To find out, we asked Claude Wyle, a California attorney and member of the Advocate Law Group network who has been practicing motorcycle law, and riding, for 25 years. Here's what he said:

The first thing to do is to go out and gather up all the evidence that you can. Investigate the case as thoroughly as you can. Get all the physical facts together. Get the experts together that you think you're going to need – and get them early. Start to work with them to develop your theories on the case and also document and preserve the evidence of the client's injuries.

Building a strategy:- With every sound theory comes an equally sound strategy. Wyle says that a good lawyer must establish a rapport with the other side, and hopefully, with the insurance representative. He stressed the importance of letting them know that you're on the case, that you know what you're doing and that you have a good case so that they will set aside adequate reserves to compensate your client in the future. He explained:

Insurance companies set aside reserves, which is like saying, "We think this case might get as big as X dollars," and so they set that aside. It's a lot easier if they set aside large reserves to get a case settled within those reserves than it is to come back later when they haven't set aside very much money and you try and get more. That's always more difficult. So, you want to establish contact with the other side and also determine if you're dealing with somebody who can think about the case and be practical about it.

Overcoming obstacles:- Wyle says that unfortunately you sometimes end up dealing with a low level person on the other side who has no authority, no ability to think on their own and just doesn't get it. It's an obstacle that must be overcome. He continued, "You tell them what the law is and they say, 'Well, that's not right.' You've handled 100 cases just like it. You know you're not going to be able to get through that person's head and you might as well just file the lawsuit. Since most of the motorcyclists are hurt worse than automobile drivers in an accident, you end up filing more lawsuits than with other kinds of cases. It's more difficult to convince the other side that your client is right and their insured is wrong because if they don't ride or have that much experience or if they haven't handled these kind of cases, they just don't get it." If you or a loved one has been injured in a motorcycle or bicycle accident, contact an attorney whose practice focuses in this area of law. Click here, for a free consultation with a motorcycle accident attorney.

Motorcycle accident victims tend to experience much greater injuries that someone would in an automobile or other type of 'protected' vehicle. We wondered what types of damages were available to victims and asked Claude Wyle, a California attorney and member of the Advocate Law Group network who has been practicing motorcycle law, and riding, for 25 years. According to Wyle, "Basically, most theories are based on negligence or strict liability. In California, you get what's called compensatory damages or damages that are meant to put you back where you were before the accident. You get your medical bills or all of your out of pocket expenses paid. This includes medical bills past and future, any income or wage loss past and that is reasonably likely to be incurred in the future, such as a diminution (decreased) of earning capacity."

Examples of decreased earning capacity:- We asked Wyle to provide us with some examples of decreased earning capacity. Here's what he told us:

If a young person is involved, let's say he's a painter and he breaks his shoulder and can't paint anymore, he's going to have a future diminution of earning capacity. You've got to figure out what the person can and can't do after the accident. If you get somebody who's been a carpenter all the way through to age 26 and then you break both their arms and both their legs, you know they're not going to be able to go back to being a carpenter. They're going to have to go do something else. Maybe they're highly intelligent, maybe they're not. Maybe they were destined to be in the trades and now they can't or maybe they really were brilliant and can make more money sitting in front of a computer. You've got to be able to figure that out.

General and punitive damages:- Compensatory damages aren't the only type of damages that are available to motorcycle accident victims – general and punitive damages may also be sought. Wyle explained each:

• General damages. General damages, which are damages for pain and suffering, anxiety, embarrassment, humiliation, anguish, fear, all the things that are basically the human loss. There's the out of pocket loss, which is just paying somebody back; then there's the human loss, which is what has really cost a person in terms of their pain, their suffering, and their ability to engage in activities that they enjoyed or that just kept them going. Sometimes people can't even engage in the normal activities of daily living. The law says that if somebody incurs these damages, then that's what the jury is supposed to give them and that's generally what happens.
• Punitive damages. You don't get these types of damages unless the act was intentional or so bad that it was despicable. In other words, if somebody purposefully throws open their door in front of a motorcyclist who's lane sharing because they want to scare him and he gets hurt, then that is clearly on purpose and you might get punitive damages.

If you, a family member, or one of your passengers, has suffered any personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.

Here are some questions you should ask yourself:

Do you know the full extent of your injuries, or might there be some late developing symptoms? Do you know how long the effects of the injury may last? Do you know how difficult the recovery process might be? Do you know what therapy may be needed, or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth? Do you understand what is customarily awarded for the "pain and suffering" you went through, and the loss of companionship and the extra care your family members provided? Do you know how much income you might lose, regardless of any disability insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's insurance company might pay you will have to be paid over by you to your own auto or health insurance company, or union or employer health plan, to reimburse them for the expenses they paid on your behalf?

Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation? Probably you know none of these things. But the person from the other side's insurance company knows the answers real well, and the other side's insurance company or adjuster will never tell you, or never tell you the truth. You would be negotiating in the blind, without any idea of what you may be entitled to recover. And anything you say to the other side's insurance company would be marked down and recorded and used against you in terms of the other side's negotiating strategy and in trial if it ever got that far.

Although you do not know the answers, you can easily speak to an experienced lawyer who knows the answers and can represent your interests, not the insurance company's. And in personal injury cases, lawyers generally do not charge for an initial consultation, and then if they take the case, they are paid on a contingency fee basis, from what they recover for you.

On the other hand, if you are sure that there is no personal injury, and all that is involved is some damage to your car, feel free to speak to the other side's insurance company. But if there is BOTH personal injury and damage to the car, speak to an attorney, and don't be in such a rush to get the car fixed that you prejudice the far more significant personal injury claim.

It is possible in some states for you to be held responsible for the personal injury suffered by a trespasser who climbs your fence and uses your pool – even when uninvited. There is variation among states in how they treat a landowner’s liability for personal injuries suffered by trespassers on their property. Traditionally, owners had little or no duty of care towards a trespasser, though today, you are typically held responsible for the personal injury of anyone who comes onto your property regardless of their purpose.

Yes, if you knew the person was intoxicated. In determining your liability the court will consider the applied safety precautions and the inebriated state of the deceased. You may also be held liable without knowing the person was drunk if there were no safety measures (e.g., a wall, fence, locked entry, cover) installed to control access to the pool and pool area.

You may be able to recover damages based on a lawsuit against your employer, a lawsuit against the owner of the pool where the party was held, or perhaps a lawsuit against some other party. The following are potential parties to sue:

Lawsuit against your employer:

Whether you will be able to collect workers’ compensation for your injuries will depend on the workers’ compensation law in the state in which you live. (If for some reason your injury is not covered under workers' compensation, and you can show that your employer's negligence caused your injuries - for example, if your employer provided and encouraged the use of flotation devices that were somehow dangerous, or they provided untrained lifeguards or swimming instructors - you may be able to file a personal injury lawsuit against your employer just as you could if someone else was responsible.) Most likely, a combination of factors will be taken into consideration in determining whether you are eligible for benefits:

•The degree to which attendance at the swimming event was mandatory

•The benefit - tangible or intangible- received by your employer from the party

•The time of day the party took place

•The location of the party in relation to your place of employment.

For example, your chances of collecting workers’ compensation would be greater if your employer made the party a mandatory event to boost the moral of its workers and it took place during work hours at the company pool. If instead, it was held at another employee’s house on the weekend and you could attend with friends and family, your chances of collecting benefits would be slim.

If it is determined that you are eligible for workers’ compensation benefits, and you are unable to work because of your injuries, you have the right to compensation until your injuries allow you to return to work. Normally, you will receive two-thirds of the wage you earned when you became disabled.

For any permanent disability caused by your accident or disease you also have the right to receive compensation from your employer. Different types of permanent disability are compensated in different ways under workers’ compensation. A disability that permanently prevents you from returning to the kind of work you have done in the past, or forces you to take a lower-paying job, may entitle you to weekly compensation equal to a percentage of the difference between your present pay and the pay you would have been able to earn in your former occupation.

Lawsuit against the pool owner:

Premises Liability: Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. In this case, the pool’s owner must take reasonable precautions to make sure that his swimming pool is safe for users. The courts would weigh his or her precautions (such as a fence, gate, signage, alarms, lack of supervision, maintenance records) in determining the issue of liability. The courts would also look to see if you were careless or inattentive.

Lawsuit against some other third party:

Product Liability: If there was an actual problem with the swimming pool, or the equipment attached to the swimming pool, you might file a product liability lawsuit against the swimming pool manufacturers, retailers, or distributors. For example, suppose the pool did not have a safe depth or that its shape was not to industry standards.

Negligence: If the equipment was improperly installed, you might have a cause of action in negligence against the installers. The owner of a swimming pool may also be found vicariously liable for the failures of its employees. For example, if a lifeguard’s negligence caused your injuries, the employer would have to pay your damages. If it was a case of negligent hiring or training, the cause of action would be directly against the employer.
If you're wondering whether or not you should file a lawsuit, ask an attorney for a free opinion or contact an experienced personal injury lawyer near you.