Motorcyclists frequently suffer severe injuries in motorcycle accidents. Because motorcycle riders rarely have more protection than helmets and the clothes on their backs, the potential for severe injuries is significant. If you were injured in an accident, an experienced Ventura motorcycle accident attorney can help you pursue damages.
At the Simmrin Law Group, we have helped countless motorcycle accident victims recover compensation from those responsible for their damages. Our team of experienced Ventura personal injury lawyers will work tirelessly to ensure you get the money you need. Reach out today to schedule your free case review with a member of our team.
Be Sure to File Your Motorcycle Accident Lawsuit Before Time Runs Out
When attempting to recover compensation through a lawsuit after sustaining damages in a motorcycle accident, you need to familiarize yourself with the filing deadline. In California, the personal injury statute of limitations gives accident victims two years to file a lawsuit against the liable party in most cases.
If you miss the filing deadline, you may be barred from pursuing compensation. However, you should still consult an experienced Ventura motorcycle accident lawyer even if you believe you have missed your chance to file. An exception may apply to your case, permitting you to take legal action outside the standard filing window.
Alternatively, you could discover that the details of your case result in a diminished amount of time available to file your lawsuit. The best way to ensure you don’t lose your right to recover damages due to an unexpected deadline is by hiring an experienced attorney as soon as possible after your collision.
Damages a Motorcycle Accident Attorney Serving Ventura Can Help You Recover
When dealing with a severe injury after a motorcycle accident, you will likely be eligible to pursue a wide range of damages. The specific damages you can collect will depend on a variety of factors. Because of this, attempting to determine the damages you can claim on your own can prove challenging.
Fortunately, an experienced Ventura motorcycle accident lawyer can help you sort everything out so that you can recover the full amount to which you are entitled. Your attorney will identify all the damages that apply to your case to ensure the best outcome through an out-of-court settlement or court ruling.
While you will likely qualify to recover several different types of damages, all of the compensatory damages you can claim belong in the overarching categories of economic and non-economic damages.
Economic Damages
Economic damages are the most easily calculated of the damages you can recover. Any type of loss you incur as a result of your accident that directly impacts your finances is considered a form of economic damage. The amount of money awarded for these losses is meant to equal what you have paid or will pay in the future.
The most commonly available economic damages in motorcycle accident cases include:
- Lost wages
- Decreased ability to earn income
- Property damage
- Medical costs
- Future medical expenses
Non-Economic Damages
Non-economic damages are far more complex. Every loss you suffer that does not directly affect your financial situation is sorted into this category. Since these losses tend to be of a personal nature rather than financial, calculating their value can prove difficult.
Although guidelines exist to help with assigning a dollar figure to these losses, there is no cut-and-dried standard. Many variables can affect the amount you are awarded, including the discretion of the court. The most commonly available non-economic damages in motorcycle accident cases include:
- Mental anguish
- Permanent disability
- Diminished quality of life
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of companionship
- Scarring and disfigurement
Punitive Damages
Beyond the compensatory damages already reviewed, in some cases, punitive damages may also apply. Punitive damages are not used as a means of replacing losses incurred by an accident victim. Instead, the purpose of punitive damages is to punish the liable party and discourage similar behavior in the future.
Punitive damages are reserved for extreme cases involving criminal negligence or intentional harm.
California’s Pure Comparative Negligence Rule
When determining fault and assessing the eligibility of an accident victim to pursue damages, California employs a pure comparative negligence rule. With this rule, all accident victims have the right to pursue damages unless they are 100% to blame for the collision.
However, the amount of money that can be recovered will be reduced in direct proportion to the percentage of fault you carry for causing the accident to occur. For instance, if you were 70% to blame for the accident, you would still be able to pursue compensation but would only be able to recover 30% of the full value of your losses.
In this example, if your damages total $100,000, the most you could recover in a payout would be $30,000.
Get Help From an Experienced Motorcycle Accident Lawyer Serving Ventura Today
After sustaining damages in a motorcycle accident, the best way to improve your odds of recovering the money you need is by securing the services of an experienced Ventura motorcycle accident attorney. At the Simmrin Law Group, we have a long history of winning big for our clients.
Contact us by phone or through our website today to schedule a free case evaluation with a member of our legal team.