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A negligent driver hit you while you were riding your motorcycle. Now you’re injured and unable to work. The medical bills are piling up and each day seems like a struggle. To make matters worse, it seems like everyone—including your doctor—acts like the accident was somehow your fault simply because you were riding a motorcycle. When individuals are injured in motorcycle accidents, it is not uncommon for them to experience serious injuries as well as judgments from others, even if the accident was clearly caused by the driver of a car or truck. 

The truth is that motorcycles are permitted on California roadways the same as any other type of vehicle, and when motorcyclists are injured as a result of another roadway user’s negligence, they have the same right to seek compensation for the financial and emotional costs of the injuries they sustained through California’s personal injury claims process. Hiring an experienced car accident attorney to assist you with your claim is one of the most important things to do after a motorcycle accident.

Why Hiring an Attorney Is Important After a Motorcycle Accident

Motorcycles lack the protective features found in other types of vehicles, such as seat belts, airbags, and an enclosed steel frame. Additionally, they feature less stability and less visibility than four-wheeled vehicles. Because of this, becoming injured in a motorcycle accident is many times more likely than becoming injured as an occupant of a passenger car. These injuries are often both life-altering and expensive. If the accident that caused the motorcyclist’s injury was the result of a driver’s carelessness or recklessness, California law allows the injured party to seek compensation by filing a claim against the at-fault party’s auto liability insurance policy. If the at-fault party’s insurance provider fails to pay the claim, it can also be filed as a personal injury lawsuit.

This process is important, but it’s also complicated. The at-fault party’s insurance company often does not want to pay the full value of the claim, and the process of gathering evidence in order to undergo a legal process in order to obtain compensation is generally daunting for a claimant who chooses to attempt the process on their own. An experienced motorcycle accident attorney understands the process, and has experience in negotiating with insurance claims adjusters in order to obtain the compensation their clients need.

The Type of Services an Attorney Can Provide

Most motorcycle accident attorneys begin working before they’re even hired to work on the case, as they provide free case evaluations. The case evaluation is a time for the potential claimant to talk about their accident with an attorney, obtain answers to the legal questions they have about their case, and gain a better understanding of the personal injury claims process and the attorney’s role in it. 

The attorney also shares information about their services and their experience with motorcycle accident cases and can explain the contingent fee billing method they use that allows the claimant to wait to pay for their attorney’s services until the claim is compensated either through a negotiated settlement or a court award. Once the claimant and the attorney agree to work together on the claim, the attorney and their legal team are able to provide services such as:

  • An investigation of the accident to determine liable parties and relevant insurance resources.
  • A determination of a value to the claim.
  • Communication with the at-fault party’s insurer in order to negotiate a settlement.
  • Filing a lawsuit within California’s personal injury statute of limitations, which is generally two years from the date of the injury.
  • Gathering the evidence and witness testimony needed to prove the claim and the documentation necessary to justify its value.
  • Assistance in the collection of the proceeds from a settlement or court award, and the satisfaction of any medical liens placed on those funds.

When compensation is received on the claim, it will be sent to the claimant’s attorney, who will deduct their fee from this amount before finalizing the case and turning the remainder of the funds over to the claimant.

The Compensation You Can Seek Through a Motorcycle Accident Claim

Those who are injured in a motorcycle accident that was caused by someone else can seek compensation for the out-of-pocket expenses they incurred as a result of the accident. This includes all medical expenses incurred during the treatment of injuries incurred in the accident, as well as estimated future medical expenses that will be needed to treat permanent injuries. The claimant can also seek compensation for wage loss, as well as the loss of future earning capacity if their injuries result in disabilities and they are no longer able to earn the same income level as they did before the injury. Motorcycle accident claimants can also seek compensation for the costs of repairing or replacing their motorcycle, helmet, and other gear.

Because many of the costs of being injured in a motorcycle accident are psychological rather than monetary, the claimant can also seek compensation for the impacts their injury has had on their quality of life. Some common impacts in motorcycle accident claims include pain and suffering, emotional distress, and loss of the enjoyment of life.

Injured in a Motorcycle Accident? Kash Legal Can Help

If you were injured in a motorcycle accident caused by someone else, the Kash Legal team wants you to know that you have a right to be compensated for the expenses and impacts of your injury, and our team is ready to fight with you for the compensation you need. When insurance companies fail to offer a fair settlement, we are not afraid to take our clients’ claims to court. Because of this, we have successfully recovered millions for our clients throughout California and have garnered numerous awards.

Let’s talk about your case and your legal options. For your free case evaluation with our experienced motorcycle accident attorney, contact us online or call (888) 527-4128.

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