Find The Best Motorcycle Accident Lawyer In San Jose, CA

How Much Does a Motorcycle Accident Lawyer Cost in San Jose, CA?

A typical San Jose motorcycle accident lawyer will charge a contingency fee based on the compensation they recover for their client. In other words, the lawyer works on the case without any upfront payments.

If the lawyer successfully resolves the case through a settlement or trial verdict, they receive a fee equal to a percentage of the compensation awarded. The client pays no legal fees if the lawyer loses the case.

The State Bar of California does not set any limits on contingency fees other than to require lawyers to charge a reasonable percentage. However, most lawyers charge between 25% and 40%. You can expect to pay closer to the high end of this range for a very experienced lawyer or a difficult case.

How to Hire a San Jose Motorcycle Accident Attorney

You can start your search for a motorcycle accident attorney by gathering referrals from friends, family members and referral services like ConsumerShield. Ask for referrals to personal injury attorneys since they may have experience with motorcycle injury cases.

After you gather some names, research these motorcycle accident lawyers. For example, a law firm’s website might share information about previous successful cases. You can also contact the State Bar of California or search its website to learn whether a lawyer has faced disciplinary action.

Finally, schedule some free consultations with the attorneys remaining on your list. During your consultations, ask questions such as:

• What experience do you have with motorcycle crash cases?
• What fees do you charge?
• Will you handle my case personally?
• What do you expect to happen in my case?

Pick a lawyer who has strong communication skills as well as knowledge of and experience with motorcycle crashes. Moreover, choose someone with whom you can work with over the long term. Your case might take several months or longer.

Average Motorcycle Accident Settlement in San Jose, CA

Motorcycle accident settlements can vary significantly, depending on a number of factors — especially the victim’s injuries. Serious injuries, like permanent brain damage, require extensive medical treatment and have a great impact on the rider’s ability to work. Moreover, permanent disability, disfigurement and dismemberment affect the rider’s quality of life more than temporary injuries.

While there is no consensus on San Jose or even California specifically, the average motorcycle accident settlement nationwide is about $99,000.

However, one factor that limits some personal injury settlements is the state’s minimum insurance requirements.

California requires at least $15,000 in bodily injury liability coverage. Many insurers settle for policy limits and force the injured motorcyclist to sue the at-fault driver for any additional losses. Therefore, it’s less likely that you’d be able to settle for the nationwide average of $99,000.

Filing a Motorcycle Accident Lawsuit in California

Before filing a motorcycle accident lawsuit, your lawyer will probably start with an insurance claim against the at-fault driver’s auto policy. The insurer will assign the claim to an adjuster for investigation. The adjuster’s job is to protect the insurer from paying claims outside the scope of the driver’s policy.

The adjuster might cite the following reasons in a claim denial:

• The driver’s policy had expired
• Your injuries were preexisting
• The driver was not negligent

Your attorney can present evidence and legal arguments to fight an unfair denial. They can also file a lawsuit. This lawsuit will explain the basis of your claim and the relief you seek.

How Does a Motorcycle Accident Lawsuit Work in San Jose?

Any lawsuit for motorcycle accident injuries is subject to the state’s time limit. California gives accident victims two years from the accident to sue.

Once the lawsuit starts, the parties will request evidence from each other and from third parties, such as doctors. Most of the pretrial process involves gathering evidence and deciding what to present at trial.

During this process, your lawyer will continue to discuss settling with the other side. Most cases settle and never reach trial.

If your case fails to settle, your lawyer will present your evidence in court. If you select a jury trial when you file the lawsuit, the jurors will determine whether this evidence proves the driver’s negligence.

Types of Motorcycle Accident Cases in San Jose, CA

You can categorize motorcycle accidents in many ways, including whether they are fatal or nonfatal. Motorcyclists tend to be overrepresented among traffic fatalities since riders have little protection in a collision.

A rider who suffers nonfatal injuries can pursue a personal injury claim against the at-fault driver. If a rider suffers a fatal injury, their surviving family members can pursue a wrongful death claim. Their losses may include the financial support provided by the rider as well as the value of their loved one’s services and companionship.

Get Help From ConsumerShield

Many accident victims have no experience in interviewing and choosing a lawyer. ConsumerShield can educate you about the law and find a lawyer for your case. Contact us for a free case review and a lawyer referral.