The Challenges Involved in Motorcycle Accident Litigation
Interviewer: What’s the process going to be like? Once I meet with you, what are we going to try to do? How long is it going to take?
Stephen Boutros: That varies from case to case. We don’t attempt to resolve a case until our clients have reached what we call maximum medical improvement. That means that they’ve either fully recovered, or they’ve gotten as good as they’re going to get. Once we know that then we can accurately evaluate the case based on the past damages, and the future damages. We collect all the medical records, all the medical bills. Narrative reports from medical doctors, information pertaining to lost wages, and loss of earning capacity in the past and future. Then we sit down with our clients, and we formulate an evaluation of what the case is worth, and we attempt to get the case settled. If we’re able to settle the case that’s great, if not then we file a lawsuit and prepare the case for trial.
Timeframe of Resolution for a Motorcycle Accident Case
Interviewer: What’s the maximum amount of time that a case like this could take?
Stephen Boutros: Again, it’s truly based on the timing to reach that point of maximum medical improvement. Obviously Texas has a two year statute of limitations. That means that if you don’t file a lawsuit within two years of the date that the incident occurred, then you forever lose your right to file that lawsuit.
Mature, Experienced Drivers Are Less Likely To be Involved in Accidents
Interviewer: Is there a difference between age groups and motorcycle drivers, and their habits and they’re prone to get in accidents?
Stephen Boutros: I think that the answers obvious. Usually more mature experienced drivers are safer, but sometimes you hear motorcycle drivers that say, “I never expect to be in an accident, because I’m a very defensive driver,” but quite frankly, if you’re stopped at a red light, there’s nothing you can do to prevent someone from rear ending you on a motorcycle. Certain motorcycle accidents are not preventable by the rider. You can be the most safe motorcycle operator or driver on the planet, and you’re still subject to being in a motorcycle accident through no fault of your own. Again, just the nature of the vehicle, your body is not protected and injuries are often extremely severe.