No one should have to recover from a motorcycle accident alone. San Jose motorcycle accident attorneys recognize how devastating the aftereffects of these crashes can be, particularly if you don’t have the financial resources to cover all of your bills. That’s why we want to be part of the team that helps you get back on your feet again.
Our personal injury lawyers in San Jose can explain the process of filing a civil claim to you. Our knowledge of California’s civil systems can stabilize your financial future without compounding the stress you already feel. If you’re ready to learn more, contact Omega Law Group to book a free case evaluation today.
What Is a Motorcycle Accident Claim?
A motorcycle accident claim is a subset of a personal injury claim. Specifically, a claim allows you to go into detail about the negligence that led to your recent accident and demand compensation from the party responsible for your crash.
Your right to file a motorcycle accident claim hinges on your ability to prove that another party owed you a duty of care and violated that duty. You can use a motorcycle accident claim to gather evidence indicating that another party behaved recklessly or otherwise engaged in negligence that put you in harm’s way.
You can go on to use your claim to elaborate on the total value of your accident and the compensation you believe you deserve based on your losses. A claim does not commit you to going to trial. Rather, filing a motorcycle accident claim allows you to take advantage of your right to action in a way that suits your best interests.
Does Filing a Motorcycle Accident Claim Win You Loss-Based Damages?
Filing a motorcycle accident claim does not automatically reward you with loss-based damages. Instead, filing a motorcycle accident claim gives you the right to fight for the damages you feel you deserve based on your losses.
You do have the right to include a list of losses sustained in a recent motorcycle accident in the claim you bring forward. You can work with motorcycle accident attorneys in San Jose to determine what financial, emotional, and physical losses you want to value and integrate into your request for support. These can include the following:
- Emergency medical care
- Pain and suffering
- Long-term medical treatments
- Emotional distress
- Reduced quality of life
- Lost wages
- Property damage
Omega Law Firm consistently fights for our clients’ right to demand total compensation for a negligence-based motorcycle accident. You can contact our team to book a free case evaluation and learn more about the compensation you may deserve based on your losses.
How Can You Fight for the Motorcycle Accident Damages You Deserve?
As mentioned, you are not obligated to go to trial to win compensation for a motorcycle accident. A San Jose motorcycle accident lawyer can help you arrange out-of-court negotiations with the party you believe to be responsible for your accidents. So long as the party chooses to meet with you, you can negotiate for a fair settlement.
The majority of motorcycle accident cases are resolved out of court. If you encounter a belligerent or uncooperative defendant, though, you can discuss your right to initiate a bench or jury trial with an attending attorney.
Do You Have to File a Motorcycle Accident Claim to Recover from a Crash?
There are other ways to financially recover from a motorcycle accident without filing a personal injury claim. For example, if the party responsible for your accident has car insurance, as the state requires, you may have the opportunity to file a claim with that insurance company.
Be careful, though, when working with insurance claims adjusters. The reason we recommend filing a personal injury claim instead of or in addition to an insurance claim is that insurance claims adjusters won’t prioritize your best interests. These parties solely want to save themselves and their corporations money.
You can bring a motorcycle accident attorney into conversations with an insurance claims adjuster should you find yourself continually confronted with an insurance company’s bad-faith conduct. We can help you compose your response to a denied claim or misconduct while also helping you build a personal injury claim.
When Should You File a Motorcycle Accident Claim?
California Code of Civil Procedure section 335.1 allows you to take up to two years, but no longer, to build a motorcycle accident claim against the party responsible for your losses. You can request that an attorney manage an investigation into your case with this timeline in mind so you can preserve your right to legal action.
When Should You Contact a San Jose Motorcycle Accident Attorney?
If you want to make the most out of the filing timeline given to you, we recommend that you contact a personal injury attorney as soon as you can after your accident. There are some cases wherein our team could join you at the scene of your crash to prevent insurance providers or the liable party from moving essential evidence from the scene.
No matter when you contact us, we can interface with police officers, insurance companies, and the liable party on your behalf. If you’re not sure whether you want to commit to legal action or professional representation, give us a call. During a free case evaluation, you can discuss which of our services might benefit you the best.
Omega Law Group Wants to Work With You
Our motorcycle accident lawyers in San Jose want you to feel safe taking your motorcycle up and down local interstates. We’re ready to help you recover from an accident and get you back on the road. You can turn to our team for support in interacting with insurance providers, outlining your legal rights, and stabilizing your finances.
Omega Law Group offers motorcycle accident survivors like you the opportunity to meet with an experienced lawyer free of charge following a crash. You can use your free case evaluation to discuss the nature of your accident, the claim filing process, and the pros and cons of legal action. Contact us today to book your first appointment.