Life on two wheels can be an awesome experience. Riding on busy city streets or a quiet back road can provide a biker with feelings of both exhilaration and calmness. However, all it takes is one careless car and you can go from not a care in the world to watching your beloved bike skipping on the pavement in front of you.
Bikers in San Diego County who’ve had the unfortunate experience of a motorcycle accident should contact an Oceanside motorcycle accident lawyer. With their profound knowledge and experience in handling such cases, these lawyers can provide invaluable guidance, support, and legal representation to help bikers navigate the complexities of the legal process and seek the compensation they deserve. And, of course, keep them from making certain errors.
6 Mistakes Bikers Should Avoid When Filing a Motorcycle Accident Lawsuit
Regardless of how obvious the guilt is in your motorcycle crash, the negligent driver’s insurance company and their legal team will do everything they can to minimize it. Their job is to reduce risk and avoid paying out a sizeable compensation no matter how careless their client was.
To help ensure that you receive the maximum compensation for your damages, it’s crucial to avoid these six common mistakes when filing a motorcycle accident lawsuit.
Admitting Fault
Just after an accident, it’s common for those involved, regardless of who’s at fault, to stammer out a quick apology. Unfortunately, your politeness can be used against you. Even the slightest admission of guilt to a police officer on the scene, the negligent driver, or the insurance company can hurt your case. Savvy insurance companies will look to exploit anything you’ve said to instill doubt as to what really happened.
Not Seeking or Keeping Up With Medical Treatment
Not seeking medical treatment after a motorcycle accident, either immediately or the next day, will not help your case. You’ll be required to prove that you’ve sustained injuries from the accident and any delay in seeking medical treatment will not support your claims of injury.
If you did receive medical treatment, it’s very important to keep up with all appointments, lab tests, and physical therapy treatments. Failure to do so will give the defendant’s legal team reason to doubt your injuries. It’s difficult to prove the severity of your injuries if you delay or discontinue treatment.
Waiting to File a Lawsuit
To seek compensation for damages for a motorcycle accident, you’ll need to file a personal injury lawsuit. The California personal injury statute of limitations is two years from the date of the injury. Waiting to file a lawsuit could result in the court or the defendant’s legal team rightfully denying your claim.
Not Hiring a Lawyer
It would be a huge mistake to not hire the best legal representation for your motorcycle accident case. Most personal injury attorneys work on a contingency basis, meaning that you won’t have to pay any upfront fees for them to take on your lawsuit. They’ll only be paid if you receive a settlement, and they’ll take a predetermined percentage as payment. Personal injury cases can be complex, and to receive maximum compensation, you’ll need to work with an experienced law firm.
Accepting a Quick Settlement
When an insurance adjuster is quick to offer a settlement, this is usually a sure sign that you have a strong case. Their initial settlement amount will always be on the low end of what you deserve. Although it may seem like the best way to put this unfortunate event behind you, an experienced personal injury attorney can negotiate a better settlement.
Agreeing to a Recorded Statement
It’s never in your best interest to speak with the defendant’s insurance company or legal team without having legal representation of your own. Unscrupulous insurance adjusters have been known to contact those who’ve been injured in a motorcycle accident and offer them the opportunity to tell their side of the story. What may seem like a friendly gesture is actually an attempt to get you to say something that can sabotage your lawsuit.
Avoid These Mistakes When Filing a California Motorcycle Accident Lawsuit
To receive the maximum compensation for your damages after a motorcycle accident, you mustn’t make any mistakes. The defendant’s insurance company will do anything and everything to ensure that they don’t have to pay or will try to pay the bare minimum.
Personal injury lawsuits should never be attempted without first consulting with a California personal injury attorney who has the savvy and experience to ensure that you’re compensated. To file a successful case, avoid the mistakes outlined in this article and hire legal representation.
