Mission Viejo Motorcycle Accident Attorneys

Riding a motorcycle comes with inherent dangers even for the most experienced and responsible bikers. One poor decision made by a drunk, distracted, or negligent driver is all it takes to cause a catastrophic wreck. Our motorcycle accident attorneys in Mission Viejo are dedicated to helping crash victims and their families pursue the compensation they need to cover medical costs, loss of income, and other economic and non-economic damages. We have a track record of success in motorcycle accident lawsuits of varying complexity. We know what it takes to win the highest possible compensation in these cases, and we are not afraid to enter litigation if the opposing party refuses to settle. To discuss your situation in a free, no-obligation case evaluation, call 1-800-GO-HARRIS.

How Much Time Does It Take to Resolve a Motorcycle Accident Case?

If your financial security has been threatened by steep medical bills and lost wages, you probably want to resolve your case and recover a settlement as soon as possible; however, agreeing to the insurance company’s first settlement offer might not be the smartest decision. If the settlement does not account for all of the damages incurred or if the damages are undervalued, your Mission Viejo motorcycle accident lawyer may be able to negotiate with the insurer for a more favorable settlement figure. If a settlement is not reached through dialogue between your attorney and the opposing party, the best option may be to file a lawsuit and proceed to litigation. Although this can extend the proceedings, it might be the only way to pursue fair compensation. A settlement may eventually be reached through discovery or alternative dispute resolution. Discovery is the first stage of litigation, during which the attorneys on both sides will assess relevant evidence and try to obtain documents and information pertaining to the other side’s claims and defenses. Eyewitnesses, expert witnesses, and the parties involved in the crash may be deposed. Failure to reach a settlement after discovery may result in your case proceeding to alternative dispute resolution such as mediation or arbitration. If you enter non-binding ADR and a settlement is not reached, your case may then proceed to trial. As you can see, the duration of the proceedings depends largely on whether you and the opposing party can agree on the pertinent facts. There are, however, other factors that could influence how long it takes to resolve your case. For example, if you suffered a catastrophic injury such as spinal cord damage or brain trauma, your Mission Viejo motorcycle accident attorney might suggest waiting until you have reached maximum medical improvement before entering settlement negotiations. Once you’ve reached MMI, your attorney will be in a better position to estimate the total value of your damages.

Are Punitive Damages Obtainable After a Motorcycle Accident?

Sometimes, yes. Punitive damages may be recoverable if the defendant acted with oppression, malice, or fraud. Generally speaking, the most common reason for awarding punitive damages in these cases is malice, which can be established by proving either that the defendant acted with an intent to harm or with a willful or conscious disregard for your rights or safety. Specifically, punitive damages may be awarded if the driver who caused your accident was intoxicated or fled the scene. There are many other scenarios when a punitive award might be obtainable. Your Mission Viejo motorcycle accident lawyer can review the facts of your case to determine the kinds of damages that should be pursued.

What Does Pure Comparative Negligence Mean?

Pure comparative negligence is a standard for imposing liability in a tort case that involves shared fault. Under this standard, a motorcycle accident victim has the right to pursue damages even if they were 99 percent liable for the crash—in which case they could seek compensation for the 1 percent of their damages for which the defendant was liable. However, the award of damages is reduced by the plaintiff’s percentage of fault. In other words, if you were partially liable for the accident, the amount of compensation would be limited by the percentage of fault imposed on you. As such, if you suspect the opposing party might assert that you were partially or entirely at fault, you should consult an attorney who has experience overcoming the comparative negligence defense. At Harris Personal Injury Lawyers, we have a track record of success in auto accident cases involving shared liability.

Set up a Free Consultation with a Motorcycle Accident Lawyer in Mission Viejo

Navigating the legal system can be an arduous endeavor after a motorcycle crash. Our attorneys are here to alleviate the burden on you and your family and to fight for the highest compensation possible. To arrange a free consultation with a member of our team, send us a message online or call 1-800-GO-HARRIS.