Seeking Compensation From Liable Drivers
People filing motorcycle accident claims must prove that another driver was at fault for their crash to recover compensation.
Such claims rely on negligence, which is the legal principle that people have a legal duty to one another to avoid causing harm.
When a breach of duty occurs and causes injuries, such as in a motorcycle crash, the negligent party is liable for the harm they caused.
Many different types of driver negligence can injure motorcyclists, including:
Insurance companies will not simply take your word about what the other driver did. You need to work with a motorcycle accident lawyer who can obtain sufficient evidence to prove another driver was at fault for a motorcycle accident.
Once you prove liability, it is only the first half of the motorcycle accident claim process. You then must prove your damages to support the compensation you seek.
Insurance companies will also not trust your calculations of what your claim is worth. When your lawyer demands a specific value, they must provide evidence to support that number.
Economic damages are the actual bills you can prove in court and often include:
Non-economic damages are far more subjective and do not have inherent financial values. Your attorney will have methods for calculating the value of these intangible damages.
Non-economic damages can include:
Additional types of damages following motorcycle crashes include wrongful death damages. These apply in tragic situations when a motorcyclist dies from their injuries. Certain authorized family members can file claims to seek financial recovery. While money cannot replace a human life, it can provide financial security and a sense of justice for the devastating loss.
Punitive damages might apply to some motorcycle accident cases that make it to litigation. A court awards these damages in rare cases to punish a negligent party for wanton disregard for human life or extreme cruelty.
The best way to know your damages is to have Silva Injury Law evaluate your losses.
Why You Want To Hire A Salinas Motorcycle Accident Lawyer Immediately
The first reason to reach out and find a motorcycle accident attorney is that they might need to investigate what happened in your motorcycle accident. An investigation helps identify all sources of compensation and gather evidence to prove liability.
An attorney can obtain a police report and knows how to speak to police officers to get answers to specific questions about an accident. When witnesses saw your crash, the lawyer can hunt them down to see if they will make statements about what caused the accident.
Your attorney can manage your medical records. When you have difficulty paying your bills, a lawyer might negotiate a medical lien that allows you to receive treatment now if you agree to pay all your bills from your settlement or jury award.
You may also need help with certain employment documents when you are out of work for an extended time. Once an investigation is complete, your attorney can prepare a demand letter to send to the negligent party’s insurance company.
An insurance company will not simply pay what you demand, so a lawyer must negotiate a settlement. People who negotiate their own settlements routinely walk away with far less money than those with legal representation.
Even after paying legal fees, you will likely receive much more with a lawyer negotiating your claim.
There can be times when settlement negotiations will stall or become unproductive, and a Salinas motorcycle accident lawyer in these cases may have to file pleadings in court for a complaint against the negligent party establishing why they were at fault for a motorcycle accident. The complaint will also specify the amount of damages.
An insurance company will often favor settling a case pre-trial because a settlement can be cheaper than the costs and time involved in taking a case to trial.
Even though trials are rare in motorcycle accident cases, they happen, so you need a Salinas motorcycle accident attorney with litigation experience to represent you at any trial.
831-250-9382
