Below are answers to questions people commonly ask our firm after a motorcycle crash. These answers generally apply in California, BUT SOMETIMES EXCEPTIONS MAY APPLY. RELY ON YOUR OWN ATTORNEY FOR DETERMINING WHETHER AN EXPECTION APPLIES TO YOU. Only by consulting an experienced motorcycle accident attorney can you be sure your rights are fully protected.
Why should I contact a motorcycle accident lawyer after a crash?
After being injured in a motorcycle crash, obtaining immediate medical care should be your first priority. Then, it’s a good idea to contact an experienced motorcycle accident lawyer as soon as possible.
It’s important to act quickly to afford your lawyer the opportunity to gather and preserve evidence that might fade with time. That way, he or she can better show what happened and who was at fault. CaseyGerry has two full-time investigators to enable us to move fast to protect our clients. There is also a statute of limitations for motorcycle crash lawsuits. After that time has passed, you could be barred from filing a lawsuit.
How much time do I have to file a lawsuit after my motorcycle accident?
You have two years to sue from the date of the of the crash, or the judge may deny your claim. When the injured victim is a minor, the two-year period does not begin to run until they turn 18 years old, so they can file at any time before they turn 20.
If a governmental entity is involved, you must file a claim within six months of the accident or the judge may deny your claim, whether or not you are a minor.
My injuries aren’t bad at all. Do I need to see a physician anyway?
Seeking medical help right away is important. The shock and adrenaline of a crash could mask the severity of your injuries for a while. In a few days, what might have once felt minor could be debilitating. The sooner you seek medical care, the sooner a professional can identify and treat any injuries you sustained. Further, having medical records immediately following the crash can be instrumental in showing the extent of the harm the negligent person caused.
If I file a motorcycle crash lawsuit, who might the defendants be?
Anyone who was responsible for the crash – whether fully or partially – might be a defendant in your case. These people and entities might include:
- Other driver(s)
- Manufacturer of the motorcycle, one of its parts, or safety equipment
- The dealership where you bought the motorcycle
- An applicable government agency if a road defect or government employee caused the crash
An investigation by an experienced legal team will determine whose actions led to crash and thus who should be a defendant.
How much is my case worth?
Every motorcycle crash case is different. The value of each case depends on a variety of factors, such as:
- The nature and severity of your injuries,
- The costs of the medical treatment needed for your injuries and whether you require ongoing treatment,
- Whether your injuries caused you to miss work and lose income,
- Whether your injuries caused any long-term or permanent impairments, disfigurement, or disabilities, and
- Physical and/or emotional suffering you experienced because of your injuries.
Depending on your individual circumstances, you may be able to recover compensatory damages (to cover medical bills, lost wages, property damage, etc.), pain and suffering, and in some cases, rarely awarded punitive damages meant to punish the defendant for particularly immoral behavior.
An experienced motorcycle accident attorney can review the circumstances of your case to determine what your claim may be worth. You can reach CaseyGerry by calling 619-238-1811 or filling out our online form.
