Over the past thirty years, we’ve litigated thousands of cases, and what follows are the most frequently asked questions, along with our answers.


 

Who are The Biker Lawyers?

Riding is an adventure. The danger. The adrenaline.

Just you, the open road, and your crew.

We're proud to be a part of that crew for some of you.

You may have seen us at Bike Nights, Rallies, and Biker events. What you may not have known, is our push to serve the biker community doesn't stop there.

We've been working hard to build and support a biker community online (we call it "The Online Biker Party") through our website and across social media.

We're on Facebook, Instagram, YouTube, and even TikTok. We support biker businesses and regularly post to The Biker's Blog as a resource for riders.

We usually do shorter FAQ answers, and this was gonna be no different, but our community has started to grow fast, so we figured it's a good time to properly introduce ourselves (and reintroduce ourselves to those who we've already ridden the road to recovery with).

We're five bikers.

We make our living fighting insurance companies and seeing to it that injured bikers don't get shafted.

The Biker Lawyers aren’t just lawyers who figured out that we could make money by working with a niche audience.

The Biker Lawyers are bikers.

We're proud members of the biker community including A.B.A.T.E. in Iowa and Minnesota and you can bet your ass that if the roads are right, we're on our bikes.

We also happen to be lawyers. When you’re a biker first, you know what your clients face when they need to make a personal injury claim, and you personally understand how important that successful claim is to the client.

You’ve been in the client’s shoes, and you know what the community needs to thrive.

Ask just about anyone we've helped over the past 3 decades and beyond, when we say we ride for you, we mean it.

We take injury cases throughout the Midwest.

Next time you see us at an event, rally, or bike night, stop by and say hi. We'd love to get to know you and your crew.

Wanna know more about us individually? Click here to meet our crew.

What is a personal injury?

A personal injury is typically a physical injury to a person's body, caused by someone else's fault.

In many cases, personal injuries that are caused by someone else's qualifies for monetary (money) compensation.

A personal injury is a physical injury to a person’s body, caused by someone else’s fault, that qualifies for monetary money compensation. This compensation usually comes from the at-fault person’s insurance policy. Someone who makes a personal injury claim is called a plaintiff. The person or company that harmed the plaintiff is called a defendant. An easy way to remember this is that the plaintiff files a lawsuit, and the defendant, well, defends. Any injury you suffer because of the fault (negligence)of another is a personal injury.  Negligent actions are basically stupid decisions that have no excuse and then result in harm. For example: if Bob runs a red light crashing into your motorcycle, Bob would be negligent, or at fault, for the injuries he caused.


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How much can you sue for personal injury?

The question you're actually trying to figure out is what your personal injuries are worth.

This can vary greatly depending on the circumstances. 

The amount you ask for in a personal injury lawsuit needs to be realistic, based on the facts of your case. Asking for too little is rarely a good idea, however, asking for too much can actually harm your case. 

The key is to fully evaluate every little bit of your case before putting a dollar amount on it.

Personal injury lawsuits vary quite a bit in terms of what their value is. We’ve had cases worth less than $10,000 and cases over $5,000,000. The question you’re actually trying to find the answer to is how much your case is worth.

The amount you ask for in a personal injury lawsuit needs to be realistic, based on the facts of your case.  The key is to fully evaluate every little bit of your case before putting a dollar amount on it. Our job is to get our clients the most money possible for their personal injury damages, and we take that job very seriously.

We recommend you contact the best personal injury attorneys near you.


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What is considered a severe personal injury?

Decorative image of a motorcycle accident with an ambulance in the background to illustrate the difference between personal injury and severe personal injury.

Severe personal injuries have long-term effects ranging from loss of mobility to chronic pain.

Is there a difference, legally speaking, between "personal injury" and "severe personal injury?"

The short answer is yes, there is a difference.

Severe personal injuries typically involve the need for surgery, maybe multiple surgeries, months of complete loss of ability to work, loss of mobility, and isolation.

With severe personal injuries, the long-term effects of a severe personal injury often last for years, perhaps a lifetime. 


Every case is unique.

If you have questions about your personal injury, it's time to talk to the best personal injury lawyers in the Midwest.

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What is a serious personal injury?

Any personal injury that disrupts your life, whether it costs you money, saddles you with medical debt, or causes you lasting health issues. 

This is a question of degree. Any personal injury that disrupts your life costs you money, saddles you with medical bills, causes you lasting pain and suffering, creates physical or mental disability, or puts you out of work is a serious personal injury. Often, those who suffer a serious personal injury are unaware of what their case may be worth or how to maximize their settlement. If this is something you have questions about, you should speak with a personal injury lawyer as soon as possible.


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What are the types of damages?

There are six common categories of personal injury damages.

Each category must be considered to maximize the value of your case and potentially increase the amount of money you are entitled to.

  1. Past medical expenses

  2. Future medical expenses

  3. Loss of income

  4. Loss of future earning capacity

  5. Loss of function of the body and mind - past and future

  6. Physical and mental pain and suffering - past and future

The above six are a good starting point in considering the extent of personal injury damages, but all too often, a deeper dive into your case is required to get the full extent of what you may be entitled to. 

Image by The Biker Lawyers, personal injury attorneys, outlining various types of personal injury damages to consider.

If you’re injured, call The Biker Lawyers. We will ride Recovery Road with you. Whether you hire us out of Cedar Rapids, Iowa, or Minnetonka, Minnesota, you get the full team on your case, ready to help you recover. You are guaranteed to work with a team of experienced personal injury attorneys near you who can begin talking through your case and your journey back to health.

We wish you the best and hope that if you’re injured, you ride Recovery Road with us.


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How long does a personal injury lawsuit take?

Typically one to three years, although it can settle in the first few weeks.

This question usually goes hand-in-hand with how long will it take to reach a settlement.

It's a common question, with no solid answer. Each case is different, but typically, from start to finish, a personal injury lawsuit resolves in settlement or trial within 1-3 years.

Your personal injury lawyer will want to help you resolve your case as fast as possible. To this, you'll want to file your lawsuit as fast as possible. It's no secret that insurance companies like to hold on to their money as long as they can, even when it is rightfully your money.

An early trial date means the insurance company will have to pay sooner rather than later. Traditionally, the trial date will be about a year after the case is filed.

At The Biker Lawyers, our goal is to have your case ready for settlement as soon as possible. If your case is one of the few that don't settle, your trial date is the safety net to keep the insurance company from playing the delay game.

Most of the time, you must be patient to get at the top dollar to repay you for your personal injury damages.

"What happens if I refuse a Settlement offer?"

Refusing a settlement offer means that the insurance company no longer has to keep that offer open to you in the future.

In the majority of cases, the first offer an insurance company makes for settlement is far from the best offer the insurance company is willing to make to settle your case. The best way to get a top-dollar settlement that pays out the most money to you is to consult an experienced personal injury attorney.


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Is Pain and Suffering a Personal Injury?

Yes. It is a type of damage that can result from your personal injuries.

It also includes loss of quality of life or loss of the ability to do what’s important to you. "Pain and suffering" is a category of damages that can result from an injury.
Other damages categories include loss of income, loss of future earning capacity, medical bills, future medical costs, and loss of physical and mental function.  

All categories of personal injury damages can be compensated with money settlements or trial verdicts.

Accurately measuring and proving each of these harms, and getting fair compensation, is a complicated process with many pitfalls.  This is why it is important to have an expert working on your case.


Do you have questions about how pain and suffering may impact your case value?

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What is a fair settlement for Pain and Suffering?

Decorative image by The Biker Lawyers about the value of a fair settlement in a pain and suffering case.

Each case is different. Pain and suffering will depend on the extent of your injuries and how those injuries have changed your life.

There isn’t an exact answer to this. Pain and suffering settlements are based on how bad your injuries are, how long they will last, and how the injuries change your life.  No person’s life is the same as another person’s life, so the answers to this question are different for everybody.

To better help you determine the value of a fair settlement for pain and suffering, you should start with a free consultation with an attorney that understands the laws, the factors impacting your case, and what your long and short-term needs may be. The sooner you have this conversation, the sooner you can start on the road to recovery.


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How much do insurance companies pay for pain and suffering?

There isn't a common answer to this question as each case is different.

To get a better understanding of the nature of your case, we recommend downloading this free guide to navigating personal injury claims. Once you are ready, talk to an experienced personal injury attorney near you today for help with understanding the various factors that may impact the value of your case.

Promotional image for a free .pdf download guide about navigating a personal injury claim by The Biker Lawyers.


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What counts as Pain and Suffering?

Physical and emotional injuries cause a variety of consequences. Pain and suffering is a term for the effects you have to deal with after an injury.

The effects of physical and emotional injuries make up pain and suffering. For example, the pain you feel physically after a car crash, or the emotional suffering you face when you can’t enjoy your life after a truck collision leaves you with a back problem.
Pain and suffering can go on for a lot longer than nearly any other category of damages.  You may end up with chronic pain that lasts a lifetime. Think of the following medical conditions:

  • Migraines
  • Severe nerve damage
  • Arthritis caused by injuries 
  • Blown discs in your back
  • Traumatic injury to the neck, back, or brain
  • Partial or full paralysis
  • PTSD
  • Anxiety 
  • Depression

Have more questions about what counts as pain and suffering? Contact us today.

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What is Emotional Compensation for Emotional Distress?

Understanding compensation for emotional distress can be complicated. 

We wrote an entire article about Emotional Compensation here, but the thing to understand is that emotional distress qualifies for compensation in many personal injury lawsuits. Mental pain and suffering include emotional distress as part of the damages category for personal injury. 

Recognizing the symptoms of Emotional Distress

 

What is the value of Pain and Suffering?

There isn't an easy answer for this. Only an experienced personal injury lawyer near you can begin to make an accurate analysis for this.

There isn’t a one-size-fits-all answer here.  There is no formula, equation, or simple rule to determine the amount of money it takes to fairly compensate a person for pain and suffering in a personal injury lawsuit.  
Here are some questions that are commonly asked:

  • What kind of pain are/were you in?  
  • From what sort of injury?  
  • How long did the pain last?  
  • Is there still pain?  
  • Will the pain go away, or not?  
  • How does the pain change a specific person’s life?  
  • Is it physical pain, emotional pain, or both?  
  • Where and how is the pain experienced?  

Only an experienced personal injury lawyer can begin to make an accurate analysis for the fair compensation of pain and suffering. This analysis can only be made when you have either reached the point where the doctors have helped you as much as they can, or at least gotten you close to that point.
 


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Does it matter how much insurance I have on my bike/vehicle?

Image of an Auto accident used for an FAQ question about matters of Insurance coverage.

Yes.

Other drivers on the road may not carry insurance, or the insurance coverage they have may not fully cover any damages you suffer. To protect yourself, uninsured motorist (UM) and underinsured motorist (UIM) insurance policies are key. While we do not advocate for insurance companies whatsoever, these forms of insurance may prove critical to you when recovering damages sustained in a serious accident.

UM and UIM coverage provides extra protection in the event of an accident with: 

  • A driver who doesn’t carry any liability car insurance
  • A driver who doesn’t have enough liability insurance to cover your medical bills
  • A driver whose insurance company denies coverage or goes out of business

Uninsured motorist coverage will vary between providers, but standard coverage includes:

  • Medical bills
  • Lost wages if you can’t work because of the car accident
  • Pain and suffering compensation
  • Funeral expenses
  • In some states, car damage, known as uninsured motorist property damage coverage

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How much can you get for personal injury claims?

Talk to an experienced personal injury lawyer today, there are too many variables to give a concise answer with any degree of accuracy.

A bodily injury claim is a type of personal injury claim. The method used to pursue a personal injury claim is critical. In nearly all cases, an injured person has little or no experience in dealing with insurance and law.  On the other hand, an insurance adjuster deals in bodily injury claims every day, and it is part of the job for an adjuster to pay out the smallest award possible.  
If the injuries and damages are severe, the best thing an injured person can do is consult with an experienced personal injury lawyer.  Being represented by a knowledgeable attorney who is an expert in personal injury cases almost always results in much higher money settlement payouts, even after attorney fees and litigation expenses are accounted for.


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What should I do after a motorcycle accident?

First and foremost, you should move to a safe location immediately to prevent any further injury or property damage.

Once you have properly evaluated your injuries and called emergency services (as needed), you should obtain insurance information from the other driver, including the details of their vehicle. Lastly, if possible, take photos of the accident, including both vehicles, and all injuries you suffered.

What to do after a motorcycle accident

Do I need to talk to the other driver's insurance company?


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Why do I need an attorney?

For the same reason you hire an expert/professional to handle anything. You hire us because this is what we do, every day of the year. This is what we are experts in. A qualified attorney is crucial to ensuring you pursue your claim in the most effective way possible, and to ensure no mistakes are made.

 


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How much will I have to pay in attorney’s fees?

We accept cases involving motorcycle injury on a contingency fee basis. This means there are no fees associated with our representation unless we successfully help you recover damages for your accident. In other words, we don’t make money until you do. There are no upfront fees to retain our legal services for personal injury or wrongful death matters.


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What is a statute of limitations?

The statute of limitations imposes a strict boundary on the amount of time available to injury victims in which they can file suit. Most injury claims must be filed within 2 years of the accident’s occurrence.


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I was injured in a motorcycle accident. What am I entitled to receive compensation for?

Typically speaking, the victim may be entitled to compensation for medical costs, vehicle repair costs, loss of income, pain and suffering, and other issues as they arise.


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Who is liable for the damages I suffered in my motorcycle accident?

Liability will depend on the circumstances, but typically if the other driver was responsible, they will be liable for the damages.


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How long will it take to reach a settlement?

There is no one size fits all prediction for how long it may take to reach a settlement. Some cases take as little as a few weeks, while others can take several months to a year. It will depend upon your situation.


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What happens if you refuse a settlement offer?

If you refuse a settlement offer, the defendant no longer has to keep the offer open should want it back in the future.

 

 


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How much do personal injury cases settle for?

It depends on a long list of variables, all of which you will want an experienced personal injury attorney to help you with.

 


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How do I maximize my personal injury settlement?

There are a few easy steps you can take if it was a motor vehicle crash:

  • Make sure the police are called after your crash so that they investigate and file a report.
  • Take video and pictures of the scene of the crash as soon as possible.
  • Request your medical bills and records be given to you from every place that you receive treatment.
  • Contact an experienced personal injury lawyer near you as soon as possible after your crash.
  •  

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What is the value of my personal injury claim?

This will change depending on the circumstances of the case. Contact an experienced personal injury attorney near you today.

There are a lot of things that your attorney will need to know before answering this question. This includes things like...

  • How well you recovered

  • The medical treatment you received

  • How much time you missed from work

  • Property Damage

  • Personal losses

Once your attorney knows these things, they won't be shy about telling you how much your case is worth. At The Biker Lawyers, our job is to maximize the payment you receive for your harms and losses.


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What is a good settlement offer?

A good settlement offer will compensate you for ALL of your losses across every category of damage.

Should you take the first settlement offer? Usually not. As Cam likes to say, if they made an offer, they can make another. Speak with your attorney before signing anything!

 


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Should I accept the first offer of compensation?

Talk to an experienced personal injury attorney first, the answer is probably no.


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How do I get money from a bodily injury claim?

Begin by making a claim with the insurance company, then call an experienced personal injury lawyer near you for guidance.


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It is worth hiring a personal injury attorney?

Nearly always "yes". Most personal injury lawyers offer a free case evaluation, and they'll let you know if they can help.

"Do I really need a lawyer??"

You've been in a wreck. You're hurt. The bills are piling up.

Nearly always, the answer is “yes.”

Since most personal injury attorneys offer free case evaluations, your best bet is to meet with an experienced personal injury attorney and discuss the facts of your case. Each case is different, so making use of free expert advice is the wisest course of action.

If you decide to hire a lawyer to help you get a fair settlement of your personal injury case or to take your case to trial, it will not break the bank.

Personal injury attorneys usually charge a percentage of the money they recover for you, rather than hourly fees. This means the lawyer is unlikely to take your case unless that lawyer is convinced he or she can get you more money than is already available to you.

Finding Legal Representation:

Everybody thinks they’re the best, or if not, they’re in the wrong line of work. Yes, it’s crucial to hire an experienced personal injury lawyer who has a proven track record of getting people great results. There are a number of personal injury lawyers who can meet this description.

Another very important factor is to find a lawyer you are comfortable with. After all, chances are, the lawyer you select will be representing you for over a year, maybe closer to two. If you’re not comfortable with the lawyer you select, the time it takes to get to the end of your personal injury lawsuit will not be pleasant, in fact, it may be just the opposite.

Your lawyer should not only be a competent personal injury lawyer; your attorney should also treat you with respect, and be responsive to the questions you have. Remember, when you hire a personal injury lawyer, the lawyer is working for you!


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Who is the best personal injury lawyer near me?

The most competent, responsive, and compatable experienced personal injury attorney is who you want for your case.

 


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Are you liable if someone falls on your property?

Sometimes. You may be liable if there is a dangerous condition on your property and you never warned anyone.

 


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Who pays for the monetary compensation resulting from a personal injury?

This compensation usually comes from the at-fault person’s insurance policy. Someone who makes a personal injury claim is called a plaintiff. The person or company that harmed the plaintiff is called a defendant.

An easy way to remember this is the plaintiff files a lawsuit. The defendant defends

What if I crash in a State I don't live in?

The location doesn't matter as much as who is at fault.

If you're injured in a state you don't live in but it's not your fault, you most likely have a case. Typically the best thing to do is not admit fault, find out your rights and how you're protected, and consult a lawyer.


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If you have a question and don’t see the answer here, contact us directly and we’ll be happy to help.