Maison Law can answer any question you might have about motorcycle accidents in California. If you pay child support–or more accurately, if you lapse in these payments–they can be garnished. But you might be wondering how a settlement from a motorcycle accident comes into play. We can help you with this situation. Contact us today for a free consultation.
Will My Motorcycle Accident Settlement Be Garnished?
Getting a motorcycle accident settlement after an accident can be extremely important to stabilizing you financially. When you think about all the medical bills, missed work, and all the other things that you’re not able to do if you’re hurt, it’s easy to see why the legal process is so important.
But there’s always other considerations, especially if you have child support payments. Generally though, your income is only garnished if you’re behind on payments, there’s a court order, or if you have an agreement with your ex-spouse.
Outside of these situations, your motorcycle accident settlement is generally safe from being garnished. Still, it’s important to do what you can to strengthen your claim so you can get the most out of your settlement.
What Can You Do to Strengthen Your Motorcycle Accident Claim?
No one expects to get into a motorcycle accident, but they happen more often than we’d like. Motorcycles come with risks, but it’s still important to protect your claim. Here’s how you can do that:
- Call 911 – If possible, move your motorcycle out of traffic and call 911 to report the accident. This should dispatch an ambulance and police.
- Start getting evidence – Take photos of the scene, vehicle damage, and gather witness statements or other important documents.
- Get medical care – Getting immediate medical care is vital to linking your injuries to the accident. If you’re under your own power, get checked on-site by paramedics and follow up at an urgent care or ER.
- Keep records – Maintain copies of medical records, bills, and repair estimates related to the accident.
- Be careful with insurance – When you talk to insurance companies or police, just stick to the facts. Try not to give detailed statements, but also make sure to be accurate.
- Work with investigations – Provide accurate information to both the police and insurance investigators. Keep your statements simple and truthful.
Like any other claim, your actions after the accident itself are going to form the foundation of your case later. That’s why taking these steps are so important–it’s ultimately going to maximize your potential settlement.
What’s the Legal Process After a Motorcycle Accident?
When you decide to take legal action after a motorcycle accident, it’s usually because you have pretty heavy losses from your injuries and everything else. But every motorcycle accident is different. Still, you generally have two main legal options for filing a claim: through insurance or by filing a lawsuit. Each option has pros and cons, and the time it takes to resolve your claim can vary. But here’s how both processes usually work:
- Insurance claim – Typically, you’ll first file an insurance claim with the at-fault person’s carrier. They’ll then investigate your claim, gather evidence, take statements, and then offer you a settlement. This is a quicker process, but the insurance company decides how much to offer you.
- Lawsuit – Filing a lawsuit may take longer and involve more effort, but it could lead to higher damages. We handle everything, including paperwork, negotiations, and representation in court if needed.
Our goal is to secure financial support for your damages, which usually involves things like:
- Medical expenses
- Lost wages
- Repairs or replacement costs for your motorcycle
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Punitive damages in some cases
- Wrongful death expenses, if the accident is fatal
In California, you have two years from the accident date to file your claim. If you miss this deadline, it might prevent you from recovering damages. With our experienced team on your side, you’ll have the support needed to maximize your claim.
Motorcycle Accident Victims in California Can Trust Maison Law
Motorcycle accidents happen more often than we’d like in California, and each case is different. At Maison Law, our motorcycle accident lawyers prioritize your needs and goals throughout the legal process. If you or a loved one has been injured in a motorcycle accident, contact us today for a free consultation to explore your legal options.
