The odds of a motorcycle accident resulting in severe injuries are high. Motorcyclists have little protection aside from their clothing and helmets in the event of a crash, making them incredibly susceptible to injury. If you were hurt in a motorcycle accident, an experienced Santa Ana motorcycle accident attorney may be able to help you recover damages.
At the Simmrin Law Group, we have a long history of assisting accident victims as they pursue damages. Our team of experienced Santa Ana personal injury lawyers will dedicate all our resources to ensuring you recover the money you need and deserve. Contact us to set up your free case evaluation by giving us a call or completing our online contact form today.
Pay Attention to the Filing Deadline When Pursuing a Motorcycle Accident Lawsuit
If you are planning to file a lawsuit after suffering damages in a motorcycle accident, you need to pay attention to the filing deadline. California’s personal injury statute of limitations typically gives accident victims two years to file a lawsuit against the liable party. Missing this deadline will likely result in the loss of your right to claim damages.
However, it is still important that you contact an experienced motorcycle accident lawyer serving Santa Ana, even if you believe you have missed your chance to file. There is always a possibility that an exception will apply to your case, which will allow you to file after the usual cutoff date has passed.
At the same time, the details of your case could reduce the amount of time you have to take legal action. Hiring an experienced attorney as soon as possible after your accident is the best way to protect yourself against an unforeseen deadline. Your lawyer can determine the precise date by which you must file and ensure your paperwork is submitted correctly and on time.
For a free legal consultation with a motorcycle accident lawyer serving Santa Ana, call (310) 896-2723
California Employs a Pure Comparative Negligence Rule
When reviewing fault in a motorcycle accident case, California uses a pure comparative negligence rule. Under this rule, all accident victims can file a claim to pursue compensation for their damages as long as they are not 100% at fault for the accident.
However, the amount they can claim will be awarded at a reduced rate, proportional to the level of fault they hold for the collision. That means that while an injured party can still pursue damages even if they were 90% to blame for the crash, the most they will be eligible to recover will be 10% of the full value of their claim.
With this example, if the total damages of the accident victim amounted to $100,000, the most they could receive in a payout would be $10,000.
Santa Ana Motorcycle Accident Lawyer Near Me (310) 896-2723
Damages Your Santa Ana Motorcycle Accident Lawyer Can Help You Secure
After suffering serious damages in a motorcycle accident, there are a variety of damages you will likely be eligible to recover. Determining the exact damages you can collect will depend on the specific details of your case. As a result, identifying all the damages that apply can be difficult.
Fortunately, an experienced motorcycle accident attorney in Santa Ana will know exactly what to look for when pursuing compensation on your behalf. Your lawyer can help determine all the damages you can claim to help you recover maximum compensation through a court ruling or an out-of-court settlement.
The wide array of compensatory damages available in your case, can all be sorted into the two primary categories of economic and non-economic damages.
Economic Damages
Economic damages tend to be fairly straightforward. These damages include all of the losses you suffered that had a direct impact on your financial well-being. The amount awarded for these damages is calculated to equal the amount you have been forced to spend and will have to spend in the future.
The economic damages most commonly claimed following a motorcycle accident include:
- Lost wages
- Diminished ability to earn income
- Medical expenses
- Future medical costs
- Property damage
Non-Economic Damages
Determining the value of non-economic damages is far more complicated. All of your losses that do not directly impact your financial situation are sorted into this category. Because these losses are personal rather than financial in nature, putting a dollar figure on these losses is never easy.
While guidelines have been created to help determine how much money a specific non-economic loss is worth, various factors, including the severity of the loss, can influence the final reward. Ultimately, the amount you are awarded for these damages will be at the discretion of the court.
The non-economic damages most commonly claimed following a motorcycle accident include:
- Emotional distress
- Pain and suffering
- Permanent disability
- Diminished quality of life
- Loss of consortium
- Scarring and disfigurement
- Mental anguish
- Loss of companionship
Punitive Damages
In extreme cases involving criminal negligence or intentional harm, punitive damages may also be awarded. Unlike with compensatory damages, the purpose of punitive damages is not to replace losses incurred by an accident victim.
Instead, punitive damages are used as a means of punishing the liable party for their role in causing the accident and hopefully discourage the same type of behavior in the future.
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Reach Out to an Experienced Motorcycle Accident Attorney in Santa Ana Today
After suffering harm in a motorcycle accident, securing the services of an experienced Santa Ana motorcycle accident lawyer is the best way to ensure a positive outcome for your case. At the Simmrin Law Group, we have helped countless motorcycle accident victims get the money they deserve through court rulings and out-of-court settlements.
Contact us by completing our online contact form or giving us a call today and schedule your free consultation with a member of our team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form