As the popularity of motorcycles increased in California the number of accidents associated with it also increased at a significant rate. Along with that the number of victims increases and their financial and physical damages. The injuries caused by a motorcycle accident may vary from minor to major in different cases and some extreme cases might even result in the death of the victim.
If you or your loved one has been in such an accident then you will understand the pain and sufferings that victim had in case of an accident. In such cases if the accident is caused by the other person’s mistake then you can claim compensation from them. Even though the money cannot repay the lose you had it will be a relief for you if you have encountered with financial loss because of the accident.
In such cases a motorcycle accident attorney in California can help you to file a lawsuit in the court for you to get the right compensation that you deserve. Accident injury lawyers are experts who are specialized in such cases and they will help you to assess your situation and assist you with legal proceedings to get the highest compensation possible for the losses incurred. Following are the steps you should know when filing a lawsuit for claiming a motorcycle accident.
- Hire a Motorcycle Accident Attorney
If you file a lawsuit for claiming a motorcycle accident you will be most probably fighting against an insurance company. The lawyers for these insurance companies will be really good at this and they will always try to protect the company’s profits. So when you hire a motorcycle accident attorney in California make sure to select the best. Select a lawyer who has good experience and expertise in this field so that you can get the right amount you deserve.
The insurance companies might try to settle the case out of the court by offering a certain sum of money as a settlement amount. But you should be aware of the fact that they will only work for their profit and will not offer you the money you deserve. So before accepting a settlement put forward by an insurance company, consult an expert lawyer to make sure that you are getting enough money to compensate for your losses.
- Present a Demand Package
If you are able to find a good lawyer then the next step is to submit a demand package. A demand package is an approximate amount that you want as a settlement. It will be the sum of losses incurred by you. The lawyers will conduct investigations to find the true value for your compensation. It includes the medical bills and lost wages and other damages like the pain and suffering and injuries that occurred to you.
A document will be prepared showing all this details and will be sent to the opponent’s insurance company. The lawyer of the insurance company will review this demand package and proceed with the further actions.
- Settlement Offer from Insurance Company
After reviewing the demand package, the defendant’s insurance company will present a counteroffer as a settlement. Your lawyer will review this offer and will decide if the offer is acceptable. If the amount offered is enough to cover your losses and the future expenses you may incur because of the accident then you can accept the settlement. If you are not ready to accept the offer then the lawyer will proceed with filing a lawsuit.
- Filing a Lawsuit
If the settlement offered by the company is not fair to you then you can proceed with filing a lawsuit. The lawyer will file a lawsuit on behalf of you in the court and will help you with the further proceedings.
- Preparing Your Case for Court
Once you deny the settlement and proceed with filing the lawsuit, the first thing to do is filing a complaint in the civil court system. After this a process called discovery will begin, which involves the exchange of documents which are relevant to your case between your attorneys and the lawyers for the insurance company of the offending party. The documents submitted will include your medical records and other relevant things like photographs etc.
After this the lawyers will collect evidence such as recordings and depositions of sworn testimonies which might become useful in your trial.
- Going to Trial and Winning a Fair Settlement
If you proceed with the case and defendant’s attorneys realize that you are serious with this case then they will try to settle it out of the court before the matters escalate any further. But if this does not happen then your case will be proceeded further in the court. During your trial your lawyer presents your case in the court in front of a judge and jury. After both parties complete the presentation of their cases the judge will make a final decision on your claim.