Determining whether you need a lawyer after filing a motorcycle accident claim with your insurance will depend on a number of factors. For example, if your insurance does not fully cover your damages, it is recommended to consult with a Personal Injury Lawyer. Damages covered by your insurance will be dependent on the type of policy you have, but motorcycle insurance typically covers:
- Medical bills
- Lost wages
- Property damage
- Accidents with uninsured/underinsured motorists
If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then a lawyer can file a personal injury lawsuit against the party who caused your injury.
Filing a Lawsuit for a Motorcycle Accident Case in California
The majority of motorcycle accidents will be classified as a personal injury. While you are not required to have a lawyer for filing a lawsuit in a personal injury case, it is recommended. It is proven that the majority of accident victims tend to be compensated more with an attorney than without one. For that reason, you should consult with an experienced Motorcycle Accident Lawyer before filing a lawsuit. An attorney will:
- Protect your right to negotiate for a higher settlement
- Pursue damages against all liable parties through a lawsuit
- Manage your claim with the insurance if they refuse to negotiate a fair settlement
Once a lawsuit is filed, the lawyer will begin the negotiation process with the liable party’s insurance. This process always begins with a demand letter. A demand letter is normally written by an attorney and includes:
- The time, date, and location of the accident
- The name of the person/company/government entity at fault, along with their contact information (if applicable)
- Details of the injuries you’ve sustained directly from the accident
- Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
- Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them
After a demand letter is sent, negotiation can begin. At the beginning of negotiations, either party will make an initial settlement offer. If your initial settlement offer is low, do not be surprised. The first settlement offer is intentionally low and it is recommended to never take the first offer. If you do end up accepting a settlement offer, it is important to note you will be giving up your right to pursue additional damages and claims against all parties involved in your accident.
How are Lawyers Compensated for a Motorcycle Accident Case in California?
Contingency agreements are usually what a lawyer will have you sign if they agree to take you on as a client and you agree to have them represent you in your legal matter. According to the American Bar Association, most motorcycle accident lawyers will accept a fixed percentage of the final settlement amount if the plaintiff (their client) wins their case. If the plaintiff loses the case, then they are not responsible for paying any lawyer’s fees whatsoever.
Some lawyers may elect to only work on a retainer. In this case, a specified payment is required for the attorney to begin working on your case. However, injured motorcycle accident victims should be wary of entering into a retainer agreement as they could be non-refundable, regardless of the outcome of your case.
In certain circumstances, some motorcycle accident attorneys will charge an hourly fee for their services. Hundreds of hours are spent on personal injury cases, so accident victims should be cautious before agreeing to an hourly wage. Hourly wages can be several hundred dollars per hour, which can end up costing a substantial sum, even if the case is not successful. If you have additional questions about your case, please do not hesitate to contact Maison Law for a free consultation and case evaluation.
Costs Associated with Partnering with a Motorcycle Accident Attorney in California
Depending on your case, there could be additional costs that will be taken out of your settlement. A motorcycle accident attorney should make you aware of additional costs as they arise, however, it is always good to understand the expenses you may be accumulating as your lawsuit progresses. Fees and costs associated with a car accident lawsuit may include:
- Copy fees
- Cost of obtaining medical records, accident reports, and other necessary records
- Cost of securing expert witnesses
- Cost of travel and lodging expenses for you and anyone else involved in your case
- Expenses related to independent accident investigations
- Deposition costs and fees
- Postage costs
- Trial costs (if necessary)
What Damages Can You Claim from a Motorcycle Accident in California?
Depending on the severity of your accident, there are several damages available to motorcycle accident victims. Motorcycle accidents can be expensive for victims and their families. These damages include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. For victims to be able to pursue compensation for their accident, it is recommended to partner with a skilled Motorcycle Accident Lawyer who can maximize their compensation.
Get Legal Help with Your Motorcycle Accident Case in California
If you or a loved one have been involved in a motorcycle accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understand how to exercise every avenue of the law to aggressively pursue the liable party for the full extent of your medical damages.
Whether you’re looking for a more experienced law firm to handle your case, or your pursuing a personal injury claim for the first time, our firm is here to help guide you through the legal process. Contact Maison Law today for a no-cost, confidential consultation.