Motorcycle accidents almost always result in severe injuries to the motorcycle rider. With nothing more to protect them other than their clothes and helmets, motorcyclists are extremely vulnerable to injury in the event of a collision. If you were injured in a crash, an experienced South Gate motorcycle accident attorney can assist you in pursuing compensation.
At the Simmrin Law Group, we have helped countless motorcycle accident victims secure damages from those liable for their injuries. Contact us today to learn more about what we can do to help you through a free case evaluation with one of the experienced South Gate personal injury lawyers from our firm.
California’s Pure Comparative Negligence Rule
When assessing who is to blame for a motorcycle accident in South Gate, the state of California uses a pure comparative negligence rule. According to this rule, all accident victims have the right to file a claim and pursue financial compensation as long as they were not solely responsible for causing the accident.
However, it is important to note that if you share in the fault for your accident, the amount of money you can recover will be reduced in direct proportion to your level of responsibility. For instance, if you were 60% to blame, you could still pursue damages, but the most you would be able to recover would be 40% of the total value of your damages.
In this scenario, if the total value of your losses is $100,000, the maximum payout you would be eligible to receive would be $40,000.
Make Sure to File Your Motorcycle Accident Lawsuit Before Time Runs Out
When planning to pursue compensation through a motorcycle accident lawsuit, it is critical that you familiarize yourself with the filing deadline so you can get all your paperwork submitted on time. The personal injury statute of limitations in California grants accident victims two years to file a lawsuit against the responsible party in most cases.
If you miss the filing deadline, you will likely be out of options for recovering damages. However, you should still reach out to an experienced motorcycle accident lawyer in South Gate. There is always a chance that an exception will apply to your case, allowing you to file outside the standard two-year window.
Of course, you could also find yourself in a situation where you are facing a smaller filing window due to the details of your case. The best way to ensure you don’t lose your right to file because of an unforeseen deadline is by reaching out to an experienced attorney as soon as possible.
Damages a South Gate Motorcycle Accident Attorney Can Help You Recover
After a motorcycle accident resulting in severe injuries, there are several types of damages you will likely be eligible to pursue. Determining the exact damages that apply to your case will depend on a variety of factors, including the details of your accident. Identifying which damages apply can be critical for recovering the full amount to which you are entitled.
While identifying all the damages that apply to your case can be challenging on your own, an experienced motorcycle accident lawyer serving South Gate will know exactly what to look for to determine which damages apply. By figuring out which damages apply, your lawyer can help get you the maximum compensation available through an out-of-court settlement or court verdict.
All the compensatory damages you are eligible to pursue can be divided into economic and non-economic damages.
Economic Damages
Economic damages are awarded as a means of replacing any direct financial losses caused by your accident. The amount awarded for these damages is meant to equal the amount of money you were compelled to spend and will need to spend in the future as a result of your accident.
Following a serious motorcycle accident, the most commonly available economic damages include:
- Medical bills
- Future medical costs
- Lost wages
- Lowered ability to earn income
- Property damage
Non-Economic Damages
Every loss that is not financial in nature is sorted into the category of non-economic damages. Because these losses are personal rather than financial, calculating their value can prove challenging.
Guidelines exist for determining how much different types of economic damages are worth depending on their severity. However, many factors can influence the value of these damages, and ultimately, the discretion of the court will play a large role in deciding how much to award if you win your case.
Following a serious motorcycle accident, the most commonly available non-economic damages include:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Scarring and disfigurement
- Permanent disability
- Diminished quality of life
- Loss of companionship
- Mental anguish
Punitive Damages
If your case involved intentional harm or criminal negligence, you may also qualify to collect punitive damages from the liable party. Punitive damages are significantly different from the compensatory damages reviewed in the previous sections.
Rather than being used as a means of replacing the losses suffered by an accident victim, the purpose of punitive damages is to punish the liable party for the role they played in causing the accident to occur, with the hope of discouraging similar behavior in the future.
Get Help From an Experienced Motorcycle Accident Lawyer Serving South Gate Today
After sustaining injuries in a motorcycle accident, hiring an experienced South Gate motorcycle accident attorney is the best thing you can do to improve your chances of recovering the money you need and deserve. At the Simmrin Law Group, we have a long history of winning big for our clients, both in the courtroom and during settlement negotiations.
Contact us today by filling out our online contact form or giving us a call to schedule a free, no-obligation case review with a member of our legal team.