How Do You File a Lawsuit for a Motorcycle Accident?
When you are injured in a motorcycle accident in Fresno, your first priority is to seek medical attention for your injuries. Motorcycle crashes often result in traumatic injuries for the rider because of the lack of protection from the impact of the collision. In some cases, the motorcyclist faces months of painful recovery because of another driver’s negligence.
If you are injured in an accident, you are entitled to file a claim to recover money for your injuries and losses. However, filing a motorcycle accident claim may not be as simple as you thought or as straightforward as the insurance adjuster for the other driver suggested. Our Fresno motorcycle accident attorneys can help.
Filing a Motorcycle Accident Claim
In most cases, we try to negotiate with the insurance company to settle your claim for full compensation. Our attorneys are skilled negotiators who understand how to draft a settlement demand that uses the available evidence to maximize recovery. Settling your claim without a lawsuit can result in you receiving your money in a more timely fashion. Settlements also reduce your costs thereby putting more money in your pocket.
However, if the insurance company refuses to negotiate in a fair manner, we are fully prepared to file a lawsuit. Our attorneys are also skilled trial attorneys who can fight for your right to receive a fair and just amount for your injuries. Before we go down this path, we will use every resource we have to arrive at a settlement that is fair.
Filing a Personal Injury Lawsuit
You have a limited time to file a lawsuit under California’s Statute of Limitations. In most cases, you must file your lawsuit within two years from the date of your motorcycle accident. Failing to file the lawsuit before the deadline can result in your case being dismissed and you receive nothing for your claim.
Our attorneys monitor this deadline very carefully. Some insurance companies drag out negotiations in hopes of exceeding the deadline. Our lawyers monitor your case to determine the best time to file a lawsuit before the deadline. The time to file a lawsuit is after negotiations fail but before the deadline.
Even after filing a lawsuit, your case could settle before trial. Sometimes, filing a lawsuit is a strategic move to let the insurance company know we are serious about pursuing a trial because it is not paying you a just amount for your motorcycle accident claim.
If your case does not settle before trial, your attorney will make sure you that you are prepared for trial. Your attorney presents evidence to prove that the other driver or party caused the collision that resulted in your injuries. Your attorney also presents evidence to substantiate your losses and damages so the jury can understand why we are demanding a certain amount of money. The opposing party has an opportunity to present evidence and argue against our allegations.
Once both sides have presented arguments, the jury deliberates and delivers its judgment. If the judgment is not in our favor, we can discuss filing an appeal. If the jury decides in our favor, we immediately begin to pursue the judgment to get your money as quickly as possible.
Fresno Motorcycle Accident Attorneys
Contact Torem & Associates by telephone at (888) 859-4434or online by using the contact form on our website to discuss your case with a Fresno motorcycle accident lawyer during a free case evaluation.