Motorcycle Accident Injury Damages FAQ
Motorcycle Accident Injury Damages FAQ
After a Southern California motorcycle accident in which you have suffered injury and damages, you will no doubt have a variety of questions regarding the process, the meaning of various legal terms as well as an interest as to what you can expect out of a Settlement or Civil Trial. Below, we have gathered frequently asked questions, and grouped them with similar questions. This should help increase your understanding of the process your lawyer will be working through after your motorcycle accident, and will hopefully alleviate some of the anxiety that comes from feeling overwhelmed with such an unfamiliar process. If your of a loved one have been involved in a Los Angeles or Riverside motorcycle accident and are seeking legal representation to help you recover damages due to injuries, contact the California Attorney Group today. Our experienced motorcycle accident attorney team will give you an initial consultation and tell you where you stand. Contact us at (866) 650-0505.
The Value of Claims and Settlements
How much can I expect from my settlement? – There is not minimum or maximum that you can expect from your case, and no industry standard or benchmark. Instead, expect your California Attorney Group attorney to begin valuing your claim as he collects information. Your claim will most likely be based on: past and future hospital and rehabilitation costs; the affect of your accident on your income (including future losses); the limitations you expect to live with as a result of your accident, and so on. The claim will be enforced by the evidence and witness testimony that your lawyer includes in order to strengthen your case.
What can be included in my claim? – Your claim should include both economic damages as well as general damages. This will essential include hospital and rehabilitation bills, lost income due to your accident, as well as other miscellaneous expenses related to your recovery. Also included is psychological distress, and other emotional or psychological trauma related to your accident.
Questions about the Settlement Process and Your Eligibility
Is my case likely go to trial? – Most likely not. Close to all such cases are settled beforehand.
Will any of my previous injuries affect my claim? – If you have a prior injury that was in no way affected by your accident, then it should not affect your claim. However, if you have a prior injury or condition which was aggravated or was in some way made worse by the accident, then your California Attorney Group attorney will have to show that the defendants negligence was responsible for worsening your injury in order to collect.
What Does My Lawyer Have to Show in Order To Recover Damages? – Your California Attorney Group attorney will show that a negligent third party was responsible for your motorcycle accident, that there is an amount of money in damages required to compensate you for your pain, suffering, treatment and missed work, and that there is an insurance company or individual which these compensation can be recovered from.
When should I settle? – Only after you understand the full extent of your injuries, limitations and medical costs, and have discussed them with your attorney.
Common Technical Terms
What is Contributory Negligence? – If your accident or injuries were partly caused or exacerbated by your actions, this would be considered contributory negligence. For example, if you were riding your motorcycle in Temecula while not wearing your helmet, and were then in an accident you did not cause which injured your head or brain, then this would qualify as contributory negligence. As such, the amount in damages awarded to you may be reduced.
What is “Preponderance of the evidence?” – This is the standard evidence must meet in order to be compelling. If the evidence is more likely to be true than not, then it has met this standard.
What is Subrogation? – This is usually handled by your California Attorney Group attorney, and deals with the so called “subrogation provision” in your health insurance plan. It is essentially a way for the injured parties insurance company to be compensated for their medical payment by the insurance company of the person at fault.
What does “pain and suffering” designate? – Above and beyond the physical pain you feel, you may also be compensated for the mental pain experienced due to medical treatments, activities you can no longer enjoy as well as other discomforts.
If you have any further questions or concerns regarding your motorcycle accident claim, do not hesitate to contact the California Attorney Group today. Our skilled and seasoned motorcycle accident legal team has helped many motorcycle accident victims from Los Angeles, Riverside, Temecula and Corona recover damages and awards they are entitled to. Contact us today at (866) 650-0505, or visit us online at CaMotorcycleAttorney.com.
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