Motorcycle riders have very little protection when involved in a crash. Because of this, motorcycle accidents often result in serious injuries and even death. If you were injured in a motorcycle wreck, an experienced Westminster motorcycle accident attorney can assist you in filing a claim against the liable party to recover the money you need to get your life back on track.
The legal team at the Simmrin Law Group knows the challenges that motorcycle accident victims face. Our team of experienced personal injury lawyers in Westminster will labor tirelessly on your behalf to help you recover the compensation you deserve. Reach out to us today to schedule your free initial consultation with one of the attorneys from our firm.
The Pure Comparative Negligence Rule in California
California employs a pure comparative negligence rule following an accident to help determine fault. According to this rule, anyone who suffers damages in an accident has the right to pursue compensation as long as they are less than 100% to blame. Even if you were primarily responsible for the collision, you still have the option to recover damages.
However, you should note that the amount of money you can recover will be reduced in relation to the level of responsibility you hold for the accident. That means that if you were 70% to blame, you would only be able to recover 30% of the full value of your losses.
In this situation, if your losses are valued at $100,000, the most you would be awarded in a payout would be $30,000.
For a free legal consultation with a motorcycle accident lawyer serving Westminster, call (310) 896-2723
Damages Your Westminster Motorcycle Accident Lawyer Can Recover on Your Behalf
Following a motorcycle crash in which you suffered severe injuries, you will likely be eligible to pursue a wide array of damages. Determining all the specific damages you can claim is critical for securing the full compensation to which you are entitled. However, because of the many factors that must be considered, making this determination can be difficult.
Fortunately, when you hire an experienced motorcycle accident attorney serving Westminster, they will know precisely what to look for when investigating your accident. Once your lawyer has discovered all the damages you are eligible to collect, they can begin to build your case to ensure you recover the full amount you are eligible to receive with a favorable court verdict or through an out-of-court settlement.
Every type of compensatory damage available in your case belongs in the larger classifications of economic and non-economic damages.
Economic Damages
The purpose of awarding economic damages is to replace the money you were forced to spend as a result of your accident. The amount of money awarded for these losses is meant to be equal to the money you have lost and will lose in the future because of your accident. The economic damages that are most often awarded in motorcycle accident cases include:
- Medical expenses
- Future medical costs
- Property damage
- Lost wages
- Decreased earning potential
Non-Economic Damages
All of the losses resulting from your accident that do not directly affect your finances belong in the category of non-economic damages. Since these losses are personal in nature instead of financial, determining their value can be tricky. While putting a price on these losses is tricky, guidelines have been created to help with the process.
However, there are a variety of factors that must be taken into account when determining how much these losses are worth. Ultimately, the court will make the final determination of how much to award, meaning that the amount you will receive can vary significantly. The non-economic damages that are most often awarded in motorcycle accident cases include:
- Permanent disability
- Loss of consortium
- Pain and suffering
- Scarring and disfigurement
- Diminished quality of life
- Emotional distress
- Mental anguish
- Loss of companionship
Punitive Damages
For extreme cases, punitive damages may be awarded on top of the compensatory damages listed above. Your case will only qualify for punitive damages if the at-fault party was criminally negligent or acted with the intention of causing harm.
Unlike compensatory damages, punitive damages are not used to replace losses incurred by the accident victim. Instead, punitive damages serve as a form of punishment for the liable party and are meant to help discourage similar behavior in the future.
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Be Mindful of the Filing Deadline When Pursuing a Motorcycle Accident Lawsuit
When planning to file a motorcycle accident lawsuit after a crash, you need to be aware of the filing deadline and ensure all the necessary paperwork is submitted on time. In California, accident victims are generally granted two years to file a lawsuit under the state’s personal injury statute of limitations.
Failure to file your lawsuit before two years have passed will likely result in the loss of your right to claim compensation. However, you may still want to consult an experienced Westminster motorcycle accident lawyer even if the standard deadline has passed. An exception could apply to your case, which permits you to file your lawsuit beyond the standard deadline.
Alternatively, there is also a chance that the specific circumstances of your case will place further limitations on the amount of time you have to file the necessary paperwork. Reaching out to an experienced attorney soon after your collision is the best way to ensure you are protected from an unexpected deadline.
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Hire an Experienced Motorcycle Accident Attorney Serving Westminster Today
Following a motorcycle wreck that results in severe damages, the most promising way to increase your odds of recovering the money you need to get your life back to normal is by securing the assistance of an experienced Westminster motorcycle accident lawyer.
At the Simmrin Law Group, our team will work tirelessly on your behalf to help get you the compensation you deserve. Contact us today by phone or through this website to schedule your free, no-obligation case evaluation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form