If you or your loved one has suffered injuries in a motorcycle accident, you are worthy of receiving the compensation for the damage that you suffered. The damages from a motorcycle accident are usually very tragic. The severity of the damage depends on the kind of accident that occurred. The compensation that you can receive also depends on the damages suffered and also the liability claim.
Liability: Since California is a fault-based auto insurance state, the faulty driver is responsible for the damages that he caused. The whole picture of the accident must be clearly examined and studied to confirm the liability. The traffic collision reports, photographs, witness statements etc. can help in this venture. The comparative negligence standard is followed in California in such cases. The driver against whom more facts are proved to be true will be liable for the accident.
The goal should be to prove 100% negligence on the part of the other driver so that you can stand your case before the insurance company. In case you are unable to prove the liability of the other driver, seek the help of a motorcycle accident attorney immediately.
Damages: The value of your case is also determined largely by the damages you suffered. Basically it is the severity of the physical injury that is taken into consideration. However to achieve a maximum compensation from the faulty defendant, it is necessary to prove the other damages that happened, along with the support of necessary documents. There can be economic, non-economic and punitive damages caused by the accident. A motorcycle accident attorney can assist you in calculating these damages suffered. This includes immediate/past medical expenses, future medical expenses, lost wages, future lost wages and earning capacity etc.
Since most of the motorcycle accident claims are defended by large insurance companies, they try to settle the matter for a meager amount as compensation. A motorcycle accident attorney with good experience can help you in such a situation. Since each accident case will be different in its own way, a lawyer can be of help in studying the case thoroughly and helping in receiving the fair compensation.
There is another option before you to settle the matter outside of the court. If you think you have very less chance to win the trial value (the compensation you claim), you can go for a settlement value (which is less than the trial value) to settle the case. However it is wise to look for the help of a motorcycle accident attorney to get a clear idea of the case and to know the chances of winning the trial value.