Tracy Motorcycle Accident Attorney (209) 227-1931
Motorcycle accidents can be quite horrific in many instances. Since a motorcycle is smaller than your typical commuter car or pickup truck, the person on the motorcycle is more likely to incur a serious bodily injury.
Serious Motorcycle Accidents are an All-Too-Common Occurrence in California
Motorcycle accident deaths are disturbingly high. For example, motorcyclists only account for three percent of vehicles on the U.S. roads and highways, yet they accounted for fourteen percent of all U.S. motor vehicle-related fatalities, according to the Los Angeles Times. In 2014, over 4,500 people died in accidents involving a motorcycle, according to data released from the Governors Highway Safety Association. That death rate is double the number of motorcycle accident fatalities from the 1990s. For example, motorcycle wreck fatalities accounted for only five percent of all U.S. automobile deaths in 1997.
Pursue Financial Restitution Through a Tracy Motorcycle Accident Injury Claim
If you or a family member was seriously injured in an accident while riding your motorcycle, you have the ability to pursue financial restitution for your harms and losses through a Tracy motorcycle accident injury claim.
The Types of Monetary Compensation You Can Obtain Through a Motorcycle Injury Claim
Generally, there are two types of damages you can recover through this type of claim – economic damages and non-economic damages. Basically, economic damages are those harms and losses you can easily calculate with invoices, pay stubs, and receipts. Non-economic damages are not so easily calculable. They usually include the mental anguish, stress, frustration, and psychological damage associated with the accident. Below is a brief overview of each form of compensation.
Reimbursement for the Costs Related to Your Medical Care
Reimbursable medical expenses are those costs you’ve incurred in treating the bodily injuries you suffered from the collision. Since they are measurable, they are part of economic damages. The medical expenses that can be reimbursed include the medical bills you incurred as a result of the collision and future medical expenditures such as physical therapy, surgery, prescription pain medications, etc.
Reimbursement For Lost Income
When you get involved in a motorcycle accident, you might be unable to work for a period of time. It could be days, weeks, or months (typically depending on the severity of the collision). You can seek reimbursement for the loss of your present wages. This can be established by submitting evidence of past pay stubs or tax returns. In most instances, your loss of present wages doesn’t mean you can’t work anymore. It is intended to compensate you for the income you would have earned had it not been for the motorcycle accident.
Reimbursement for Losing Future Income
In addition to present wages, you may be able to pursue future wages. This usually applies when your injuries are so severe that you cannot return to work for an extended period of time or you are permanently disabled. Calculating future earnings can get quite complex, especially if you will need to project out years or decades of earnings. Your Tracy motorcycle accident attorney can retain the services of an economist to help determine future earning potential.
Compensation for Your Pain and Suffering
The pain and suffering you endure because of the accident is more intangible and less concrete than your medical expenses and lost wages. They include waking up in the middle of the night with a pounding headache or low back pain. They include missing your child’s baseball game or tennis match because you had to go visit the physical therapist. They include not being able to help your spouse take care of the house or make dinner. A good way to express these damages to a judge or jury is by keeping a daily journal describing the inconvenience and troublesome aspects of trying to manage daily activities with a serious bodily injury.
Understanding Comparative Negligence
The liability of both you and the defendant is also a great determiner of the measure of compensation you can reasonably receive through this type of claim. If the defendant is not fully liable and you contributed to causing the collision, you can still obtain financial compensation, but it may be reduced.
This is because California adheres to the theory of comparative negligence to determine the amount of compensation that may be awarded in a Tracy personal injury claim, including a motorcycle accident claim.
For example, let’s say you have $75,000 in economic and non-economic damages. However, you were found to be 25 percent at fault by a jury for causing the accident. The compensation you would likely get will be reduced by 25 percent.
Legal Fee Contingent on Getting a Financial Recovery for You
Most defense lawyers and corporate lawyers charge hourly rates for cases they handle. However, the vast majority of Tracy motorcycle accident attorneys do not charge clients an hourly fee or ask for a big retainer fee. Instead, motorcycle accident attorneys work on a contingent fee. This arrangement allows you to hire a top-notch attorney without having to pay any money up front and you do not pay anything during the course of your personal injury claim. Your lawyer only gets paid when they obtain a financial recovery for you through a settlement or jury verdict. When the lawyer obtains a settlement or verdict for you, they will usually receive a percentage of the total amount recovered, which can range from between 33 percent and 40 percent.
Understanding the Statute of Limitations
You need to file your motorcycle accident injury case within two years of the accident. This is because of the statute of limitations period that has been established under California law. If you do not file your lawsuit within the two-year period, there is a very good chance your lawsuit will get thrown out of court.
If you or a family member has been in an accident while operating a motorcycle, you probably have so many unanswered questions. Let an experienced and skilled Tracy motorcycle accident attorney assist you during this difficult time.Skilled and Aggressive Tracy Motorcycle Accident Lawyer Can Help
I’m Ed Smith, a Tracy Motorcycle Accident Lawyer. If you or your loved one has been seriously injured or passed away in an accident due to a careless motorist, please call me today for compassionate, free and friendly advice. I can be reached at (209) 227-1931.
No Fees Up Front
I take cases on a contingency fee basis. This means there are no fees due up front. I get paid only after the successful conclusion of your case. Also, it is free to call and talk to me – so why not call today?
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