Do I Need to Hire a Motorcycle Accident Attorney?

driving motorbike and cars on a city street. The photo was taken by panning the camera, so the vehicles are pictured in motion blur

Hiring a Los Angeles motorcycle accident attorney is not always necessary. In some instances, only minor injuries are sustained, making legal representation less likely. However, working with a law firm will help injured motorcyclists understand their right to potential compensation. 

While the legal system can be navigated without the help of motorcycle accident lawyers, representation can significantly improve the value of a motorcycle accident case’s value. Here is what to know about the role of a California motorcycle accident attorney and how to determine if hiring one is necessary.

 

Why a Motorcycle Accident Attorney May Be Needed

Office with gavel in front, lawyers and clients discussing case

Across the U.S., it has been reported that an estimated 84,000 motorcyclists were injured. These accidents can cause permanent injuries with lifelong consequences. 

California law protects victims by granting them the right to financial compensation following a motorcycle crash that was caused by another driver’s negligence.

An experienced personal injury attorney who specializes in helping motorcycle accident victims navigate the personal injury claims process can provide guidance and strong representation for the following instances:

  • Serious injuries were sustained
  • Fault is being disputed
  • The motorcycle accident claim has been denied
  • More than one party is at fault
  • The insurance company is not offering a fair settlement
  • A wrongful death occurred

 

When a Motorcycle Accident Lawyer May NOT Be Needed

Closeup image of two people shaking hands

For less serious motorcycle accidents involving minimal bike damage and little to no motorcycle accident injuries, legal action against the at-fault party may not be necessary.

Therefore, independently filing a claim with the insurance company without the assistance of a Los Angeles motorcycle accident attorney may be sufficient, especially if the other party has admitted fault or accepted liability. 

However, it is important to note that insurance companies do not always pay back fair compensation for a motorcycle crash, opting to protect their bottom line over an injured victim’s best interest.

This is why it is advisable to have an experienced motorcycle accident lawyer assess a case before any final decisions are finalized.

 

Is a Motorcycle Accident Lawyer Different Than a Personal Injury Lawyer?

There are similarities between personal injury lawyers and motorcycle accident lawyers. Personal injury falls under tort law, spanning a variety of cases, including motorcycle accident cases.

However, motorcycle laws are different than standard car-driving laws, so it is crucial to only work with a lawyer who has proven success in motor vehicle-related accidents, especially motorcycle accidents.

When it comes to what motorcycle accident lawyers do, their roles are to serve as expert legal advocates, dedicating themselves to recovering maximum compensation for their clients.

 

When Should I Speak with a Los Angeles Motorcycle Accident Attorney?

While it’s not necessarily recommended to hire an attorney as soon as possible, it is beneficial to at least consult with a motorcycle accident attorney as soon as possible. 

Speaking with Los Angeles motorcycle accident attorneys avoids missteps in the claims process. An attorney’s insight will also prevent jeopardizing the recovery of compensation–particularly regarding the statute of limitations, which only grants a 2-year (sometimes only a 6-month) filing period. Missing the deadline will result in losing the right to seek compensation and the courts dismissing the case. 

Additionally, motorcycle accident attorneys can evaluate a case to determine its value and the best approach to reach an ideal resolution.

Some Los Angeles law firms offer a free consultation with no obligation to hire. This is a great opportunity to discover a case’s potential and address any concerns.

SCHEDULE A FREE CONSULTATION

 

5 Shocking Benefits Los Angeles Motorcycle Accident Lawyers Provide

Motorcycle accident claims are complex, even for those familiar with handling car accident cases. A Los Angeles motorcycle accident attorney guides clients through the claims process, simplifying the proceedings. Working with a law firm provides the following benefits.

1. Compensation for Economic Damages and Non-Economic Damages 

Fountain pen and checkReferred to as economic damages, motorcycle accident victims are entitled to compensation for all out-of-pocket expenses and other financial losses that resulted from the motorcycle crash including:

  • Medical bills
  • Doctor’s visits
  • Surgery
  • Medications
  • Physical therapy
  • Property damage
  • Lost wages

California law allows motorcycle accident victims to recover compensation for non-economic damages, as well.

These damages account for other ways that victims were impacted following the motorcycle crash and can include pain and suffering (emotional and/or physical), disfigurement, diminished quality of life, and other ways that victims may have been affected.

After a careful assessment, a Los Angeles motorcycle accident lawyer will indentify all areas of loss and calculate how much the case is worth.

2. Maintain a Strong Case, Even if You Share Fault

Motorcycle with biker on the asphalt road. Motorbike traveling concept.Under California law, a rider who also contributed to the motorcycle crash may still recover compensation. As a comparative negligence state, an injured party who is partially at fault may still collect damages in a motorcycle accident case. 

However, insurance companies will be aggressive in their pursuits to pin as much blame on the motorcyclist as possible. 

An experienced attorney will protect clients’ rights throughout the process, ensuring that the insurance company does not evade liability, even when fault is shared.

3. Instills Confidence by Constructing a Strong Case

filing personal injury claimsAn experienced motorcycle accident attorney understands the evidence needed to build a compelling case with the insurance company. By gathering critical elements like accident scene photos, police reports, medical records, and witness statements, an experienced legal team can confidently establish fault on the other party. 

Additionally, the case will be strengthened through the documented medical journey an attorney will set up between the injured client and proper medical professionals. Waiting for Maximum Medical Improvement (MMI) to be reached ensures an accurate assessment of the total damages. 

This includes all medical bills incurred due to the accident, such as surgery, hospital stay, physical therapy, and more. With a complete picture, a Los Angeles motorcycle accident lawyer can effectively negotiate a fair settlement that reflects the full extent of losses.

4. Court Representation if Necessary

Facade of courthouse with columns.Most personal injury cases, including motorcycle accident claims, are resolved through negotiation. The U.S. Department of Justice reports that roughly 5% of personal injury cases actually make it all the way to trial

However, when the insurance company refuses to offer a fair settlement, an experienced personal injury attorney will advise to file a motorcycle accident lawsuit and take the case to trial. Litigation is more complex than the general claims process, and professional legal expertise will greatly benefit the plaintiff.

Additionally, insurance companies will sometimes reconsider their stance on once the opposing party files a lawsuit. Going to trial is expensive and resolving the claim out of court could be more cost-effective for them in the long run.

5. Address Frequently Asked Questions Regarding Motorcycle Accidents

check marksThere are many uncertainties injured motorcycle accident victims will face following the incident, and insurance companies often provide misleading information. To ensure a motorcycle accident claim is not jeopardized, it is always helpful to confide in an experienced personal injury attorney for the following types of inquiries.

 

How Long Do Motorcycle Accident Claims Take to Settle?

Personal injury cases can take months to years to settle. Generally, the greater the losses, the higher the case’s worth, and the longer it will take to settle. This is because the insurance company is incentivized to pay back as little compensation as possible. Motorcycle accidents typically result in serious injuries; therefore, they hold a high value. For the quickest turnaround, it is best to seek immediate medical treatment and consult with a motorcycle accident attorney. This will get the ball rolling in constructing a strong personal injury claim.

Can I Recover Damages if I Wasn’t Wearing a Helmet?

While all motorcyclists are required to wear a federally approved motorcycle helmet, if the rider was not wearing a helmet during the crash, compensation may still be a possibility. Because of the comparative negligence laws, the court will assess the accident and assign a percentage of fault to each party. The compensation awarded will be reduced by the percentage of fault attributed to the rider who was not wearing a helmet.

How Much Is My Motorcycle Accident Claim Worth?

While some motorcycle accidents may share similarities, each case holds a different value. Therefore, there is no average settlement for a motorcycle accident. However, the more damages sustained, such as costly medical bills to treat serious injuries, the higher the case value. Scheduling a case assessment with a Los Angeles motorcycle accident lawyer will offer more insight into a particular case’s value.

What Types of Motorcycle Accident Injuries Can Be Compensated?

 In a motorcycle accident case, no injuries are limited to financial cooperation. Ultimately, if the motorcycle crash impacted victims’ physical or mental well-being, then they may be entitled to compensation. Common injuries reported in a motorcycle accident injury claim include, but are not limited to the following:

  • Broken bones
  • Spinal cord injuries and paralysis
  • Lacerations and scarring
  • Traumatic brain injuries (TBIs)
  • Post-traumatic stress disorder (PTSD)

 

The Top Los Angeles Motorcycle Accident Attorneys Can Help

Whether your motorcycle accident caused serious injury or you think you may share fault, Angeleno Accident Lawyers can help. With our 99% winning record, we consistently take on difficult cases that result in success. 

Our personal injury law firm has the knowledge and resources to deliver a favorable outcome. For questions about your case, please schedule a free case evaluation today. 

Call AAL Today

 

 

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