The damages that you can collect for a motorcycle accident depend on the circumstances of your accident. Every accident is different, and you may not be able to collect the same expenses as other accident victims. However, there are some claims that are filed in motorcycle accident cases that you will likely include in your lawsuit. These include medical expenses, vehicle repair or replacement costs, other property damage, and lost wages, among other expenses.
Settlement vs. Trial
When you file your lawsuit, there is a chance that you will be offered a settlement agreement. It is a means of ending your lawsuit before it goes to trial. This is not unusual in civil cases as insurance companies want to keep cases out of court as much possible. For you, this means that you have the chance to negotiate how much compensation you will receive and other terms that you feel are important. On top of that, you will get a faster end to your lawsuit if you accept a settlement agreement early in the process.
One of the potential downsides of accepting a settlement agreement is that you may not receive fair compensation. Insurance companies like settlement agreements because they can negotiate a lower amount of compensation in exchange for ending a lawsuit earlier. You are not obligated to accept a settlement agreement, and you can take your case to trial if you feel that any agreement does not meet your needs.
Statute of Limitations
Accident victims take time to think about filing lawsuits, but it is possible to place too long to make a decision. There is a concept called the statute of limitations and puts a hard limit on how long you have to file your lawsuit. According to the California Courts, there are two statutes of limitations that apply. They are the personal injury and property damage statutes. You have two years to file personal injury claims and three years to file property damage claims. Do not miss your opportunity to collect financial compensation for your expenses by taking too long to start the legal process and reach out to a lawyer.
Lost Wages and Other Expenses
Aside from medical and auto repair expenses, you can file claims for other types of expenses. Lost wages may apply in motorcycle accident lawsuits. Extensive injuries and the loss of the vehicle make it impossible to go to work, which means that you will not be paid for the time that you are out. You can claim income that you lost during a lawsuit to minimize the impact on your finances.
As long as you can connect an expense from your accident to the right cause of action, you can file a claim for it. This gives lawyers the ability to include a wide range of expenses to ensure that you get all of the compensation that you need. Work with your lawyer to identify relevant expenses and estimate your long-term compensation requirements to ensure that your finances are well protected.
Seeking Legal Action
Some motorcycle accident victims do not jump at the chance to file a lawsuit against the person that caused their accident. Getting involved in legal practices can be stressful, and some accident victims are more focused on getting their lives back on track. Even if you decide that you will not take legal action, you will have to handle these expenses.
According to the National Highway Traffic Safety Administration (NHTSA), using helmets and riding gear significantly reduces the chances of severe injuries and lasting consequences. If your helmet and riding gear was damaged in the accident, it is in your best interest to get it replaced. When these expenses build up, accident victims turn to legal action to help them handle the costs.
The key in seeking legal action after your motorcycle accident is being able to identify expenses related to your recovery. It may be helpful to document those expenses as much as possible from the beginning of the process so that it is easier to find and include the appropriate information about each expense.
One of the problems that accident victims face is not seeking enough compensation to cover their costs. Accepting an initial settlement usually means that they are not able to file another lawsuit and that they have to handle unpaid expenses on their own. Avoid this problem by creating a more accurate estimate of your total recovery costs.
Consider a Lawyer and Discuss Your Case
You can collect a variety of damages after a motorcycle accident, depending on the facts of your case. Your lawyer can help you determine which expenses you should claim.
Contact the offices of Pintas & Mullins Law Firm at (800) 223-5115 for your free consultation about your case.