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Home | How Do I File A Motorcycle Injury Lawsuit In California?

How Do I File A Motorcycle Injury Lawsuit In California?

by | Aug 28, 2022 | Motorcycle Accidents

In case you have been involved in a motorcycle accident and have been injured, you have a right to claim compensation. The process of filing a personal injury lawsuit may seem complicated, but it is quite simple. The following article seeks to guide you on the aspects of filing a personal injury lawsuit.

Seek Medical Attention

The first step you need to take when injured in a motorcycle accident is to go to the hospital. If you fail to visit a doctor after the accident, the judge or jury and insurance adjuster will be forced to assume that you did not get hurt.

Make a Complaint

The next step in a personal injury lawsuit is to claim what the other party responsible for the accident did. After you have filed the complaint in court, you should find the insurance company or the other party (defendant) and physically make the complaint to them in a manner that you can prove later in case they claim that they were not familiar with the lawsuit.

Pre-Trial Phase

During this phase, both parties will inquire information from each other, a period known as discovery. During the early stages of the pre-trial phase, the parties might appear before a court to inform the court of the progress of the case.

If the one responsible for the accident is insured, there is a chance of reaching a settlement offer. The insurance adjuster gathers all documentation related to the accident such as expenses incurred, witness statements, traffic collision records, medical records, proof of lost wages and documents showing the permanent injuries you have suffered.

The insurance company proceeds to make a liability determination, and a settlement range is at this moment established. The insurance company should respond to a personal injury claim within 40 days from the time they received the claim according to California’s Fair Claims Settlement Practices Act.

If you accept the offer made by the insurance company, the case will be over. You will be required to sign a release before receiving compensation. If you do not accept the offer, you can proceed to trial against the person who caused the accident (defendant).

Trial Phase

The case goes to trial after the discovery process has gathered sufficient information and when a settlement fails. A Trial could last for several days. During a trial, either a jury or judge will decide if the defendant has a case to answer and how much they should pay in damages. After the trial, either party may appeal the decision. If the appeal period is over, the defendant is supposed to pay the amount in damages that was established at the trial or following an appeal.

It is likely that you could choose not to hire a lawyer to assist in personal injury case. However, compensation cases are complicated and especially when the stakes are very high, and the opposing party has a lawyer, it is wise to have an attorney. Moreover, in most cases, attorneys offer their services based on a contingency fee- they will only charge you if you get compensated. In the light of these facts, you ought to consider hiring our dedicated attorneys at Chris and Frank to represent you in a personal injury lawsuit.

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