If you have been injured in a motorcycle accident in California, you should probably talk to a California motorcycle accident attorney to discuss how much your motorcycle accident case is worth. While every case is different, injuries resulting from motorcycle crashes are often severe and you may be entitled to compensation.
Factors Affecting Your Motorcycle Accident Claim
When talking with an injury lawyer about filing a motorcycle accident claim, two important factors will be considered: liability and damages.
- Determining liability means determining who was at fault in the accident. If you are bringing a lawsuit, you need to prove that another party was at fault in the accident. If you cannot prove fault by another party’s negligence, you likely do not have grounds for a lawsuit.
- Damages pertain to the injuries and losses you sustained as a direct result of the accident. You need to prove that your injuries and money losses are directly linked to your motorcycle accident.
If you can link your injuries and money or property losses to your motorcycle accident, and your motorcycle accident to someone else’s negligence, you may have a valid motorcycle accident claim.
Pursuing Damages in a California Motorcycle Accident Claim
Once your California motorcycle accident lawyer has filed a claim on your behalf, they will work toward recovering damages.
Damages are divided into two categories of losses: special damages and general damages.
- Special damages are money losses directly linked to your accident, such as medical expenses or lost wages. Awards for special damages are designed to restore your losses to the amount they would have been prior to the accident.
- General damages cover other losses that cannot be quantified, such as pain and suffering. There are no formulas or guidelines to assign a specific dollar amount to pain and suffering losses. The value of these losses are determined through negotiation, mediation, or by jury decision at trial.
Will Your Motorcycle Accident Get More Money at Settlement or Trial?
A seasoned motorcycle accident injury attorney will propose a settlement value and a trial value for your consideration moving forward. Settlement value and trial value often differ based on the risks to each party of losing the case in litigation.
Generally, proposed settlement values are a little less than trial values. But when offset by the energies, time, and costs spent in court, the settlement amount can be quite attractive, especially when trials yield a 50/50 chance of losing.
Do I Need to Contact a Motorcycle Accident Lawyer?
Trying to figure out if you have a motorcycle injury accident claim in California is a complicated process. The best thing to do is reach out to a reputable California motorcycle accident attorney who can help determine if you have a case and what it might be worth. Contact us today for a free consult.