Motorcycle Accident FAQ's

Q: What are your fees?
A: The Gomez Law Firm takes personal injury cases on a contingency fee basis. That means we’ll advance all of the costs to investigate, negotiate, and, if necessary, litigate your claim. We work for you, the injured party. We don’t get paid until you get paid. Our success rate in settling motorcycle injury claims convinces us that if we take your case on, there is a high probability of a financial recovery to compensate you fully for your loss and to pay our fees. Our initial consultation is free. And you are never obligated to hire us.

Q: What do I have to prove in a motorcycle personal injury claim?
A: Most motorcycle personal injury claims are based on negligence. Every driver has a legal obligation to conduct themselves in a responsible way while driving a car, a truck, or a motorcycle. The standard the court uses is “What would a reasonable person do in a similar situation?” A successful personal injury claim would prove that the driver that hit you didn’t act reasonably. Was he distracted arguing with his kids in the back seat? Was he speeding? Was he drinking? If you can prove a negligent act contributed to your injury, the court will more than likely award you damages.

Q: How long will it take to settle my case?
A: While injured parties are always concerned about how they are going to pay for medical care and repair their damaged property, a speedy settlement is not always in a client’s best interest. If the injuries are nothing more than road rash and the repair of your bike, then a quick settlement can usually be made. Once the doctor releases you from care, your motorcycle crash lawyer will use your medical information to make a settlement offer. This could take from one to twelve months depending on your doctor’s recommendation. If the injuries are more serious, a reputable attorney will advise you to wait until treatment is well under way, and the full extent of the requirements of your future medical care are well known. This may take from six months to several years, again, depending on the extent of your injuries. 

Q: Is there any harm in talking to the insurance adjustor before I talk to an attorney?
Yes. Insurance adjustors are trained to get admissions that will harm your case. Adjustors do not represent your interests; neither do they want you to maximize the compensation you receive for your injuries. They are paid to reduce the amount of money they pay out on each and every claim. It’s important to remember that everything you say will be used against you during the settlement, and, if it comes to that, in court. Consult an experienced attorney before talking to any adjustors for any reason.

Q: The police report says the other driver was at fault. Do I still need an attorney?
You need an attorney to represent your interests. Settling with insurance companies, even your own, unless it is a very simple property damage claim, can put you at a disadvantage. Insurance adjustors work for the insurance company they represent. A Gomez personal injury lawyer only works for you. Insurance adjustors are paid to save their company money. We are paid to maximize your financial award to fully compensate you for your injury. Why would you settle for less than what you deserve?    

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