How to Sue for a Motorcycle Accident: Legal Steps Explained

Many victims of motorcycle crashes don’t want to sue. Frequently, they don’t want to “blame” the other driver for an “accident.” Other times, a health insurance company pays most medical bills, so the victim believes a suit is unnecessary. Still others believe the civil court system is too expensive and complex to deal with, especially as they struggle to recover from serious injuries.

Civil courts assess responsibility, not blame. No one blames Rex for anything if he drops a cup at a china shop. He must simply pay to replace the cup. Furthermore, most health insurance companies exclude injury-related costs. So, when insurers discover that a payment was related to a motorcycle crash, they usually demand their money back.

Finally, as outlined below, the civil court system is complex. Fortunately, a Los Angeles motorcycle accident injury attorney handles all the heavy lifting, allowing victims to focus on getting better. This heavy lifting includes assessing a case, collecting evidence, and advocating for victims.

Pre-Suit Settlement

If liability and damages are clear, the insurance company must settle a motorcycle crash claim before a Los Angeles motorcycle accident injury attorney files legal paperwork. However, such early settlements are few and far between. They’re usually not in the victim’s best interest anyway.

Liability is legal responsibility for injury. Most motorcycle accident claims involve a two-tiered legal responsibility inquiry:

• First Party Liability:

  Operator impairment and aggressive driving are the two most common driving mistakes in California. A lawyer must connect that driving mistake to the injuries sustained in the crash.

• Third Party Liability:

  The person who caused the accident isn’t necessarily liable for damages. Common third-party liability theories include respondeat superior employer liability and negligent entrustment owner liability.

Damage is the amount of compensation the victim receives. Compensation in a motorcycle crash claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Insurance company lawyers often contest the amount of medical bills. Delayed treatment and unreasonable expenses are the two most common arguments.

If a motorcycle crash victim doesn’t immediately see a doctor, a lawyer typically argues that the victim’s injuries were not very bad and that subsequent medical bills were inflated. This argument underscores the need for victims to immediately seek medical treatment, even if they don’t “feel” hurt.

An insurance company lawyer may also argue that medical treatment was not in line with the standard of care. That’s especially true if a doctor administered multiple diagnostic tests (e.g. an X-ray and MRI) for essentially the same injury (broken bones). Usually, a Los Angeles motorcycle accident injury lawyer partners with a medical expert who establishes the need for multiple procedures.

Early settlements are usually a bad idea anyway. Until discovery (more on that below), all evidence is unavailable. A victim who settles a case in such a situation may almost literally be leaving money on the table.

Filing Legal Paperwork

If a Los Angeles motorcycle accident injury lawyer diligently handles the pre-filing process, the rest of the legal process, beginning with filing legal paperwork, is essentially downhill.

An attorney must file legal paperwork in the proper jurisdiction, against the proper defendant, and within the statute of limitations.

The county where the accident occurred is usually the proper jurisdiction. Filing suit in the wrong place delays the settlement process. The proper defendant could be the driver or a responsible entity, as outlined above. Usually, the statute of limitations in a personal injury claim is two years. Some exceptions exist in some cases.

Procedural Motions, Discovery, and Los Angeles Motorcycle Accident Injury Lawyers

Usually, procedural motions, such as improper jurisdiction, only delay the process, at best. So, do not panic if the insurance company files such motions. It’s just part of the process.

For a Los Angeles motorcycle accident injury lawyer, discovery is a much more important part of the process. During this court-supervised information exchange, both sides must put all their cards face-up on the table.

If the insurance company was hiding a smoking gun, a lawyer usually finds it during discovery. So, once again, if the case settles too early, the best evidence, and therefore maximum compensation, is usually unavailable.

Mediation and Case Resolution

Informal settlement negotiations usually continue during the litigation process. If these talks stall or break down, the judge usually appoints a mediator.

During mediation, a neutral third party, usually an unaffiliated Los Angeles motorcycle accident injury lawyer, supervises negotiations to ensure that both sides negotiate in good faith. “My way or the highway” is not a good-faith negotiation posture.

Because both sides must compromise to reach an agreement, and also because neither side really wants the matter to go to trial, civil mediation is about 90 percent successful in SoCal.

Your lawyer handles all aspects of a personal injury trial. For a free consultation with an experienced motorcycle accident injury lawyer in Los Angeles, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.