Legally reviewed by: Jessica Anvar Stotz, JD, MBA
When it comes to Los Angeles motorcycle accident lawsuits, you can obtain a settlement if you can prove another party’s negligence that caused injuries. Compensation is possible for medical expenses, property damage, lost wages, and pain and suffering.
However, if you cannot establish fault, you were not injured, or if you were primarily responsible for the accident, it may limit or prevent financial recovery and a lawsuit might not be necessary.
Below, we’ll talk about the possible compensation you could receive after filing a lawsuit in LA county and what the process could look like.
If you were you were injured riding due to another party’s negligence here’s how much you could expect once your lawsuit settles:
|Severity of Accident
|Average LA Motorcycle Accident Settlement
In 2022, there were 2,840 motorcycle crashes in LA county. Due to those collisions, 139 people were killed and another 3,086 people were injured. This means that roughly 5% of LA motorcycle accidents result in death and each accident guarantees at least one injured person.
Source: TIMS Berkeley
If you can’t agree on a settlement amount after your accident, here’s what your lawsuit process may look like:
Seek legal advice by meeting with a personal injury attorney to discuss your case.
Collect evidence related to the injury, including medical records, accident reports, and witness statements.
Initiate the legal process by formally filing a complaint with the appropriate court, outlining your allegations and claims.
The defendant responds to the complaint, presenting their side of the case.
Both parties exchange evidence through a process called discovery, which may include documents, depositions, and interrogatories.
Attempt to reach a settlement through negotiations. This may involve discussions between attorneys or formal mediation.
If a settlement isn’t reached, the case proceeds to trial. Both sides present their evidence and arguments in court.
The court, often a judge or jury, renders a verdict determining the outcome of the case based on the presented evidence.
Either party has the option to appeal the verdict if they believe legal errors occurred during the trial.
When initiating a lawsuit, you physically submit the necessary documents to a court. The challenge here lies in determining the appropriate court, known as the “venue.”
Typically, you must file your personal injury claim in the county where the injury occurred, where you reside, or where the defendant resides. Occasionally, multiple venues meet these criteria, making legal guidance invaluable.
Filing in the wrong venue may lead to case dismissal, underscoring the importance of having an attorney. A personal injury lawyer can clarify the precise filing location, safeguarding your case from potential pitfalls and ensuring a smoother legal process.
Covering the costs of medical treatment, surgeries, medications, and ongoing healthcare related to the accident.
Reimbursing for the repair or replacement of the motorcycle and other damaged property.
Compensating for income lost due to the inability to work during recovery.
Addressing the physical and emotional distress caused by the motorcycle accident.
Providing compensation for psychological impact, such as anxiety or trauma.
Compensating for the negative impact on personal relationships or loss of companionship.
Awarded in cases of extreme negligence or intentional harm, aiming to punish the at-fault party.
Applicable if the motorcycle accident resulted in a fatality, covering funeral expenses and supporting surviving family members.
Delaying filing a lawsuit after an LA motorcycle accident with injuries is not advisable due to several reasons. Firstly, there’s a statute of limitations, a legal time limit, which, if exceeded, may bar any claims.
Additionally, evidence crucial to your case may deteriorate over time, affecting its strength. Memories fade, witnesses become harder to locate, and crucial documents may be lost. Prompt legal action allows for a more robust case, increases the likelihood of fair compensation, and ensures compliance with legal timelines, avoiding potential dismissal of the lawsuit. Swift action is crucial in preserving both your rights and the integrity of your case.
Hiring a motorcycle accident attorney offers substantial benefits when negotiating with insurance companies and presenting a case in court. Attorneys understand the ins and outs of insurance negotiations, ensuring they do not offer a low settlement.
Their expertise in presenting compelling cases enhances your chances of obtaining maximum compensation for medical expenses, property damage, and other losses.
In court, attorneys skillfully navigate legal complexities, advocating for your rights and providing a strong defense against opposing parties. Their experience is invaluable in building a persuasive case, increasing the likelihood of a favorable outcome and fair compensation, ultimately relieving you of the legal burden during a challenging time.
If you were in a motorcycle accident and you’re considering filing a lawsuit, contact LawLinq today. We can get you connected with some of the best LA motorcycle accident attorneys today. Our service is free for all Californians to use and each attorney offers a free initial consultation.