Motorcycle accidents often result in extreme damage due to the limited protections available for motorcycle riders. Even a collision that would be minor for two cars can cause severe injuries to a motorcyclist. If you suffered damages as the result of another party’s negligence, you could be entitled to recover financial compensation.
At Triumph Law, we have assisted countless motorcycle accident victims in recovering the money they need to get their lives back on track after a crash. Our Fair Oaks personal injury lawyers have secured millions in compensation for our clients. Give us a call, fill out our contact form, or use our chat tool to schedule your free consultation today.
How an Experienced Lawyer Can Help After a Collision
After suffering damages in a motorcycle accident, the last thing you need to worry about is pursuing an insurance claim or personal injury lawsuit. However, recovering compensation from the liable party is often critical. Fortunately, an experienced Fair Oaks motorcycle accident attorney can help.
When you hire a lawyer, they will take over all aspects of your case, leaving you free to focus on your health. Your lawyer will investigate your accident, evaluate your damages, and file all the necessary paperwork. Whether pursuing an insurance claim or a personal injury lawsuit, your attorney will handle every step of the process, keeping you informed along the way.
From the start, your lawyer will also be in contact with opposing counsel, attempting to hammer out the terms of a settlement. Meanwhile, they will prepare to represent you in court if needed. While most motorcycle accident cases end with out-of-court settlements, it is critical to build a strong case as it is always possible that you will be unable to come to terms with a deal.
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Recoverable Damages Following a Motorcycle Accident in Fair Oaks
If you sustained serious injuries in a Fair Oaks motorcycle accident, you will likely be eligible to recover a wide range of damages from the liable party. The exact damages that apply to your case will vary depending on the specific details of your accident and the losses you incurred.
All compensatory damages are split between the categories of economic and non-economic damages.
Economic damages consist of all the losses caused by your accident that have a direct impact on your finances. Among the most commonly claimed economic damages in motorcycle accident cases, you will find:
- Lost wages
- Lessened ability to earn income
- Property damage
- Necessary modifications to your vehicle or home
- Medical bills
- Future medical expenses
Non-economic damages are comprised of every other type of loss resulting from your accident. Among the most commonly claimed non-economic damages in motorcycle accident cases, you will find:
- Permanent disability
- Scars and disfigurement
- Loss of companionship
- Diminished ability to enjoy life
- Emotional distress
- Pain and suffering
- Mental anguish
Punitive damages are vastly different from compensatory damages. Instead of focusing on replacing the losses suffered by accident victims, punitive damages are all about punishing the at-fault party for their role in causing the accident.
Punitive damages are not available in the vast majority of motorcycle accident cases. Instead, these damages are reserved for extreme situations involving intentional harm or gross negligence.
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Pure Comparative Negligence
When California assesses fault after an accident, the state uses a pure comparative negligence rule. What this means is that anyone who incurred damages in a crash is entitled to pursue compensation as long as they were not 100% to blame. However, the money they are able to recover will be reduced based on the level of liability they hold.
For example, in a case where a motorcycle rider was 20% to blame for causing the crash that resulted in their damages, they would only be able to pursue 80% of the full value of their losses. That means that if they incurred $100,000 in damages, the most they could recover would be $80,000.
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Be Mindful of the Statute of Limitations When Filing a Motorcycle Accident Lawsuit
If you are planning to pursue compensation through a lawsuit after a motorcycle accident, it’s critical that you know the personal injury statute of limitations for the state where your accident occurred. In California, this statute of limitations gives injury victims two years to file a lawsuit. If you let this deadline pass without taking action, you could lose your right to claim damages.
However, you need to understand that there are exceptions to the usual deadline that could change how much time you have to file. Depending on the specifics of your case, you still have the right to sue the liable party even if the two-year cutoff has passed. Alternatively, it could mean that you have less than two years to take action.
To protect yourself from falling victim to an unexpected deadline, you should speak with an experienced attorney as soon as possible after your crash. A lawyer can identify if there are any details in your case that alter your filing deadline and ensure that all paperwork is submitted well before the cutoff date.
Schedule a Free Consultation With an Experienced Fair Oaks Motorcycle Accident Lawyer Today
Choosing the right attorney to help with your motorcycle accident case is essential. Having an attorney with experience handling cases similar to yours and a proven track record of recovering favorable compensation on behalf of their clients will greatly improve your odds of getting the money you need after a crash.
At Triumph Law, our team of Fair Oaks motorcycle accident lawyers has helped countless injury victims recover money both through out-of-court settlements and court-ordered payouts. Contact us today by phone or through our website and schedule a free case evaluation with a member of our team.