Motorcycles account for up to 14% of traffic-related deaths every year.
If you have got injured in a motorcycle accident, you have a right to receive compensation. Filing a motorcycle injury lawsuit can help you get the justice you deserve. However, the process can be complicated. This is why you need to enlist the services of a motorcycle injury lawyer.
But before you do that, below is a guide that highlights how you can file a motorcycle injury lawsuit in California.
Seek Medical Attention
The first step you need to take after getting injured in a motorcycle accident is to seek medical attention. Visiting the doctor ensures all your injuries are taken care of.
If you fail to seek medical attention, the insurance adjuster and the court will assume that you did not get hurt. This can negatively impact your claim.
Obtain a Copy of the Police Report
Ensure you contact the police after the accident. When they arrive, they will record details about the accident and write a report. Make sure you ask for the officer’s business card.
You’ll use it to contact them and obtain a copy of the report. The police report will help you make a successful claim.
Get in Touch with a Motorcycle Personal Injury Lawyer
Handling a motorcycle injury lawsuit on your own can be daunting, especially if you aren’t knowledgeable about the law. This is why you need to hire an attorney. A motorcycle accident attorney with the right qualifications and passion can pursue your claim, ensuring you get the compensation you deserve.
What’s more, they’ll help you determine the at-fault party in your motorcycle accident. Your motorcycle accident lawyer will also help you deal with the cunning insurance adjusters so that they won’t rip you off.
File a Motorcycle Injury Lawsuit
The motorcycle accident litigation process starts when you file the complaint. Your motorcycle injury lawyers will handle this since they know how to set out your claims using the legalese that the court understands.
After the complaint is filed, your attorney will serve it to the at-fault party. The defendants have 30 days to file their answer with the court.
The Discovery Process
This is when you and the at-fault party gather information regarding your accident and the damages. A motorcycle accident injury lawyer will be beneficial during this process. They can help you:
Turn over your medical records
Take live testimonies from you and other witnesses
Provide all information regarding injuries and damages from the motorcycle accident
Provide photos and videos from the scene of the accident
When gathering information, the at-fault party may ask you to get a physical examination done by their hired doctor.
Law and Motion Filings
During or after the discovery process, your motorcycle injury lawsuit may involve filing motions with the court. This process is legally complex and can often make or break your case.
You should get a motorcycle accident attorney to send documents to the court and resolve any legal issues before your case goes to trial. The at-fault party can also file their motions.
Trial Setting
After the discovery and motion filing is complete, your case will be set for a trial date. The court date is usually scheduled for 12-18 months, depending on which county in California your claim is filed. Sometimes it may take more time.
Pre-Trial Settlement Phase
While the lawsuit may have started, most California judges will insist on the motorcycle accident settlement process. They will convince you and the at-fault party to try an out-of-court settlement first before you start the trial.
If the at-fault party is insured, there is a great chance of reaching a settlement offer. Their insurance adjuster will gather the necessary documentation regarding the motorcycle accident like witness statements, police records, medical records, proof of lost wages, and more.
Make sure you don’t talk to the at-fault party’s insurance company directly. They may find ways to twist your words and use them against you during settlement. The insurance company will also determine a settlement range and present it to you. If you accept the offer made, the case will be over.
Trial
Your case will go to trial when the settlement fails and you have sufficient evidence. The trial can last for several days. During the trial, the judge will decide if the at-fault party has a case to answer. Your motorcycle accident attorney will defend you aggressively in court to ensure you get the compensation you deserve.
After hearing the case, the judge will determine the amount you get for your injuries and damages. Either party can appeal the decision.
When Can I Sue After A Motorcycle Accident?
You can file a motorcycle injury claim any day before the two-year Statute of Limitations deadline. This deadline period starts to run on the accident date. When you sue on time, your compensation benefits may include:
Medical Benefits
They cover the costs of all medical care related to the motorcycle accident. It includes doctor’s appointments, tests, therapy, medication, and any future medical treatments.
Lost Wages
If the motorcycle accident made you to lose your job, you can receive income-replacement benefits. This can be in form of regular weekly payments or an agreed percentage of your gross income.
General Compensatory Benefits
After a motorcycle accident, you may also get compensation for pain, suffering, and low quality of life. While there’s no specific way for measuring pain and suffering, courts will often look at the evidence and determine what’s fair.
Damages
In case property such as your bike was damaged during the accident, you can get compensation to help you replace it. Note that you must prove the value of the damages you suffered to receive compensation.
Wrongful Death
In case your loved one, unfortunately, passes away in a motorcycle accident, you can pursue compensation for wrongful death. This will cover the medical expenses before they died as well as funeral and burial costs.
Consult Our Motorcycle Injury Lawyer
Got injured in a motorcycle accident? Need to file an injury lawsuit?
Look no further than Kerley Schaffer LLP. Our qualified motorcycle injury lawyer will help you file a lawsuit and get you the compensation you deserve. Contact us to get a free consultation.