A motorcycle accident falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for motorcycle accidents begins on the date the injury took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of the accident, the statute of limitations will be withheld until the minor turns 18. Once the motorcycle rider is 18, the two-year statute of limitations will start.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, you get in a minor accident that causes you to fall off your bike at a low speed and bump your head. Your head hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would able to file a claim against the liable party’s insurance to recover damages.
It is important to note that even if you feel your injuries are minor, it is recommended to get checked out by a doctor. By seeing a doctor, you’ll not only be protecting your physical health but your right to compensation as well.
How Can I Increase My Settlement Amount After a Motorcycle Accident in California?
After enduring a traumatic motorcycle event, you may wonder how you can increase your settlement amount. While it is your lawyer’s responsibility to handle the legalities of your case, you can help build your case and maximize your settlement by:
- Seeking medical treatment: Nothing is more important than your health. After an accident, you should always get seen by a doctor, even if you feel fine. Not seeing a doctor will only hurt your chances at fair compensation.
- Reporting the accident: After a motorcycle accident, it is important to get a police report. Police reports typically cover who was involved in the accident and who was at fault.
- Gathering evidence: take your own photos of the scene and get witness statements, as well as their information. Accidents can get cleaned up quickly and cars can get moved, so it is important to capture the damage of all the vehicles involved.
- Following up on your injuries with a doctor: Any injuries you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law: protect your legal right to compensation. Most accident victims find themselves overwhelmed after a motorcycle accident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your options and get you the compensation you need to make a full recovery.
Average Motorcycle Accident Injury Settlement
The amount your motorcycle accident settles for is dependent on your economic and non-economic damages. These damages combined include:
- Hospital bills
- Current and future medical treatment
- Lost income
- Future lost earnings
- Physical therapy
- Surgery (if necessary)
- Pain and suffering
- Loss of enjoyment of life
In addition, the value of each of these damages will be dependent on their severity. The more severe your damages, the greater your compensation will be. For example, if your medical treatment costs more than $100,000, then it would not be out of the realm of possibility to request a settlement of over $100,000. However, it is important to note that each personal injury case is unique and the outcomes can vary.
What Factors Could Decrease My Motorcycle Accident Settlement in California?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
- “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.
Contact a California Motorcycle Accident Lawyer
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 understands how to exercise every avenue of the law to aggressively pursue the liable party for the full extent of your medical damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.