Legal Representation for Motorcycle Accidents
Speaking to an Attorney
If you sustained injuries in a motorcycle accident, you need to understand your rights. After your accident, you have two options to help secure compensation for your injuries or any other damages you sustain: a personal injury lawsuit or a personal injury claim.
A personal injury claim is the first course of action after becoming the victim of a motorcycle accident. You file an insurance claim with your insurance provider or the provider of the at-fault driver. This claim will initiate an investigation by an insurance claims adjuster, who will offer a financial settlement for your injuries, financial losses and any property damage reimbursements. If you accept the settlement offer, you’ll have to sign a release saying that you won't sue in court.
However, a personal injury claim occurs when your settlement negotiations fail, and you decide to pursue action in civil court to make a demand and seek money damages. While most personal injury lawsuits settle before going to trial, some do proceed to trial where a jury or judge decides the monetary amount.
Proving Negligence in a Motorcycle Accident
Higuera Law Offices has experience in handling motorcycle accidents and sets out to prove negligence against the at-fault driver. Negligence is defined as the at-fault driver’s failure to act in such a manner that constitutes a level of care that a reasonable person would have used if in the same circumstances.
In California, negligence must be established by proving duty, breach of duty, cause-in-fact, proximate cause and damages. To help prove this cause, Higuera Law Offices will gather evidence from all parties witness to or involved in the accident, law enforcement responders, medical care providers and others to help build and establish your case.
If it’s found that both you and the at-fault driver were at fault, California’s state law allows for pure comparative negligence, which means that the amount of money you receive will be reduced by the percentage of accident fault you bare.
Motorcycle Accident Damages
When determining compensation for a motorcycle accident lawsuit, it’s imperative that this figure includes the costs of both past and future medical treatments, payment for your pain and suffering, lost wages and damage to your property, which consists of the motorcycle you were riding at the time of the accident.
Trained attorneys specialize in evaluating settlement offers, including understanding how insurance companies offer settlements and if you can get a better monetary reward through other legal avenues.
Experience You Can Trust
If you are the victim of a motorcycle accident, contact Higuera Law Offices for a free case evaluation to determine if you qualify for a straightforward personal injury claim or a more complicated personal injury lawsuit.