In the early days following a motorcycle accident, you will have a number of questions as you recover. You will likely be consumed with your medical care. In addition, you will be wondering what type of legal action you should take and the compensation you may be entitled to. What many do not realize is the significant financial, physical, and emotional impact an accident victim may experience following a motorcycle accident. The Importance of Sharing the Road with Motorcycles.
Motorcycle Accident Lawsuit FAQs
If you’ve recently been injured in a motorcycle accident, you can benefit from speaking with an experienced Woodland Hills motorcycle accident lawyer at the law offices of Barry P. Goldberg about your legal options. Depending on the circumstances that led to your harm, you may be entitled to compensation from others whose negligent, reckless, or intentionally dangerous conduct contributed to the cause(s) of your injuries.
What if a Rider Is Partially to Blame?
As our Woodland Hills motorcycle accident lawyer team can explain in greater detail during your consultation, filing a lawsuit in California means that you won’t be barred from pursuing damages from others simply because you were partially to blame for what happened to you.
California is one of only a few states that honors a “pure comparative negligence” theory in personal injury cases. This means that, regardless of the percentage of blame assigned to you, you’ll remain empowered to hold others accountable for their contributions to your harm.
Must a Lawsuit Be Filed Within a Specific Timeframe?
The statute of limitations for motorcycle accidents in California is two years. This means that you must file a personal injury lawsuit – if you choose to pursue legal action as a result of the harm you’ve suffered – within two years of the date of your accident. If you don’t file a lawsuit within this timeframe, you won’t be able to file one later.
Keep in mind, though, that simply because the law affords you some time to file a lawsuit, you shouldn’t wait to explore your legal options. Once the team at the law offices of Barry P. Goldberg has been alerted to your situation, we can begin building the strongest case possible on your behalf. If we don’t act quickly, your rights and evidence that could prove critical to the outcome of your case could be compromised.
Are Work-Related Accidents Treated Any Differently?
If you were engaged in work-related travel at the time of your crash, you may be eligible to receive workers’ comp benefits as a result of your wreck. Notify our team of the work-related nature of your crash immediately as the workers’ comp benefits process is unusually time sensitive.
What if a Rider Wasn’t Wearing a Helmet?
You can still pursue compensation from others if you weren’t wearing a helmet, as required by law, at the time of your crash. However, failure to wear a helmet may be used as a reason to assign some of the blame for your harm to you. As a result, you may be entitled to less compensation than you would have been owed had you been wearing a helmet.
Can Insurance Companies Use Social Media Activity Against an Accident Victim?
It is becoming increasingly common practice for insurance companies and opposing counsel to scour social media accounts for any activity that can be used as an excuse to undervalue a victim’s claim. If you can, stay off of social media until your case is closed. If you can’t, make sure to avoid posting pictures and any text whatsoever that could be used to blame you for what happened or to argue that you aren’t really that hurt. If you have questions about how to manage social media while your case remains active, connect with a Woodland Hills motorcycle accident lawyer at our firm and they’ll be happy to help.
The following are some of the more frequent questions that an experienced Woodland Hills motorcycle accident lawyer hears from clients. For more details, contact our office to find out how we can help.
What is the process for filing an insurance claim?
A motorcycle accident lawyer will be able to help you gather the information you need in order to initiate an insurance claim. In order to do so, you must have suffered damages in some way. Your motorcycle accident lawyer in Woodland Hills will work with you in assigning a value to your claim and negotiating with the insurance company.
Once you have established that the other party was at fault for the accident, you will need to gather as much evidence as possible. It’s vital that you provide this information to the insurance adjuster that is assigned to your case. The adjuster will work to review your case and determine if they believe you are entitled to a settlement from them. Your lawyer plays an intricate role in this process as they can work with the insurance company through negotiations to obtain a fair settlement offer for you.
What are damages?
In order to obtain a settlement, you must have incurred damages in some way. Damages are the compensation you may be entitled to following an accident in which the other driver is found to be at fault. Damages are a way of compensating a person for what they may have lost from an accident. They almost always are in the form of monetary compensation. Examples of damages include:
- Lost wages
- Medical expenses
- Pain and suffering
- Property damage
A motorcycle accident lawyer will not only represent you through the process, they can also review your case and help to assign a value to what you have lost.
When should I contact a motorcycle accident lawyer?
Although it’s possible to file an insurance claim with the driver’s insurance company without a lawyer, it may be a good idea to obtain legal representation. The sooner you involve an attorney, the easier it may be for them to help navigate your particular situation. In some cases, the longer you wait, the more damage control a motorcycle accident lawyer may have to do later on. This is largely because the insurance company will work to assign fault to you if they are able to. You will want to ensure that you are careful in how you manage your communication with them. An attorney can interface with the adjuster so that you don’t have to.
Speak with a Woodland Hills motorcycle accident lawyer as soon as possible if you have been in a motorcycle accident. It’s likely that you have suffered in some way. A motorcycle attorney will be able to advise you in the best way to move forward.
Steps to Take After Being in a Motorcycle Accident
Have you been injured in a motorcycle accident? If so, you may want to talk with a Woodland Hills motorcycle accident lawyer as soon as possible. For decades, Barry P. Goldberg has helped clients recover monetary compensation for personal injury claims, including collisions involving their motorcycle through no fault of their own. Our legal team understands the potentially devastating effects of these accidents and are ready to offer you the support and legal guidance you deserve.
When it comes to a motorcycle accident injury caused by another driver, time is of the essence. This is because evidence may degrade or be lost forever, and that can affect the success of your personal injury claim against the guilty party. If you are feeling confused about what to do after a collision, consider following these steps if you have not already done so:
- Call the Police
After an accident, call 911. Most accidents will require police to arrive on scene and make an official report. However, there are certain situations that do not require police involvement such as when they occur on private property such as parking lots. If a police report has not yet been filed, you should report the accident as quickly as possible. A motorcycle accident lawyer such as Barry P. Goldberg may be able to help you with this.
- Seek Medical Help
There is a good chance that your accident required you to get immediate medical attention via ambulance or helicopter. If this was not the case and you only experienced minor injuries, its vital that you have a medical doctor assess your condition. The reason being is that you could have a concussion, internal injuries, or soft tissue injuries that could cause complications later on but are not immediately obvious. Seeing a doctor can also make a difference in any litigation. If any of your tests come back positive for a serious injury, contact a Woodland Hills motorcycle accident lawyer from Barry P. Goldberg who may be able to help you receive compensation from the driver who hit you.
- Do Not Admit Fault
No matter what state you live in, you should not admit to any amount of fault. This is true even when you think you may be to blame for all or some of the accident. Do not admit fault to the other driver, to witnesses, or post anything about the accident on social media.
- Keep Records of Everything
As soon as possible, document the details of your accident. This might begin with getting the contact details of any involved parties or witnesses. Try to take photographic evidence of the scene, your motorcycle, the environmental conditions, your injuries, and anything else that may seem relevant. Barry P. Goldberg is a Woodland Hills motorcycle accident lawyer who might tell you that the more documentation you have, the stronger your claim will be.
- Report Your Accident
More than likely your insurance company will have a rule that obligates you to report any accident in which you are involved and to report it within a certain number of days. Before reporting your accident, you may be best served by first calling a Woodland Hills motorcycle accident lawyer for guidance. Also, note that you do not have to talk to any other insurance companies apart from your own.
- Call a Woodland Hills Motorcycle Accident Lawyer as Soon as Possible
Following your accident, you can call a motorcycle accident lawyer for legal guidance. If you would like to speak with a skilled Woodland Hills motorcycle accident lawyer, contact Barry P. Goldberg today and request a free consultation.
Reasons Motorcycle Accident Insurance Claims Are Typically Rejected
If you have filed a motorcycle accident claim with your insurance company and have recently received a denial letter, chances are you will be wondering the reasons why. There are a number of reasons a motorcycle accident claim may be denied. While this kind of rejection can be especially challenging for a number of reasons, with the assistance of a Woodland Hills motorcycle accident lawyer, you can make an informed decision regarding whether you should pursue the appeals process.
Reason #1
You Did Not Immediately Obtain Medical Treatment
Sometimes, accident victims may make the mistake of delaying medical treatment. The moments after an accident can be traumatic. As a result, it’s not uncommon to experience shock. When a person is in shock, their body’s natural response can cause them to not have a clear idea of the pain they are in. As a result, an accident victim may forgo medical treatment for a time for understandable reasons. However, in many cases, pain may surface days and sometimes weeks later. Even though this is a fairly commonplace occurrence among accident victims, insurance companies may become suspicious about accident claims related to harm that was not immediately treated. They may question both the general validity of your claim and specifically whether your injuries were in fact sustained as a result of the accident. It is partially for this reason that it is helpful to retain the assistance of a Woodland Hills motorcycle accident lawyer in the wake of an insurance claim rejection. An experienced attorney can help you to clarify your claim with your insurer in order to give you a stronger chance of receiving a payout during the appeals process.
Reason #2
You Do Not Have an Accident Attorney Representing You
Putting together a proper accident claim can be a challenging process to complete on your own. Completing your demand letter, valuing your case and presenting key evidence to support your claim may seem nearly impossible without a Woodland Hills motorcycle accident lawyer by your side. An attorney has the ability to ensure that the proper steps are followed throughout the entirety of your case. In some situations, insurance companies may take your case more seriously if you have proper representation.
Reason #3
They Found You At Fault for the Accident
One of the primary reasons for a claim denial involves questions about a policyholder’s contribution to the accident. If the insurance company believes you were partially or totally at fault for the accident, it may reduce your damages or deny your claim altogether. It’s not uncommon for an insurance company to take every opportunity to reduce your claim as much as possible. Sometimes, an accident victim may unknowingly take accountability for an accident that was not their fault. This is yet another important reason why it may be beneficial to seek the guidance of a Woodland Hills motorcycle accident lawyer when dealing with your insurance company.
Next Steps
If your accident claim has been denied, your first step should be consulting with a Woodland Hills motorcycle accident lawyer. Your attorney can review the reason for the denial. In some cases, the insurance company may have even made a mistake when assessing your claim. In some cases, you may be able to dispute the denial. Your attorney can contact the insurance company to further support your case and help outline the appropriate next steps.
Receiving notice that an accident claim has been denied can be disheartening. Especially considering that you have probably been relying on obtaining compensation to help you get back on your feet again. Please consider contacting Barry P. Goldberg so that you may make an informed decision regarding your options.
