3 Signs of a Good Settlement for a Motorcycle Accident
Motorcycle accidents can be traumatic, and if you were involved in a crash as a passenger or rider, you might be curious about how much your settlement could be. This article will examine various impacts of motorcycle settlement amounts, in case you decide to hire an auto accident lawyer.
Settlement Factors for a Motorcycle Accident
1. Damages and Liability
Two factors are involved in the valuation of a motorcycle accident: damages and liability. The damages are associated with the losses or injuries that the accident caused. The more severe the injury is, the higher the settlement amount may potentially be.
Liability refers to the party responsible for the crash. Collisions without liability as a factor occur when no one was negligent or that it can't be proven. These types of accidents typically won't have a very high settlement amount. In fact, there may be no settlement at all as the insurance carrier for the claimed at-fault driver(s) may take a “no-pay” position and refuse to make any offer of settlement whatsoever.
If an accident occurs because a vehicle and motorcycle driver were both careless, then both parties were at fault. If both parties were equally at fault, the settlement amount for the motorcycle driver would be lower, but an experienced attorney can give you an estimation as far as how much lower it could be.
Motorcycle accidents rely on the burden of proof. The claim must demonstrate that the defendant was careless and acted negligently. If the other party involved in the accident did not behave negligently, they should not be held liable and will not be financially responsible for anything.
There usually are two types of damages in a motorcycle personal injury case. Special damages include those that can be calculated exactly, like earning capacity (former, present, and future), medical expenses and additional kinds of financial loss. Other types, like pain and suffering damages, cannot be quantified and these require a determination of settlement value that is much more subjective.
As fairness and justice would dictate, those with higher medical costs and property loss expenses will typically receive higher settlements.
2. Quality of Life Before the Accident
Every motorcycle accident victim that is able to settle their case will have a unique settlement amount calculation. This is because it depends on the circumstances of the victim’s life before the accident. For example, someone might receive a large settlement if he or she worked as a roofer before the accident and serious injuries inhibit them from going back to work. Lost wages and earning capacity is a serious matter. However, if their position was a secretary in a desk and the injuries aren't a hindrance to their job, the settlement might not be as high.
Those who used to jog five miles every morning before the accident but cannot walk any longer will likely also see an increased settlement. However, people who were primarily sedentary before getting injured can expect a lower value. The settlement amount will, as per the examples provided, be significantly influenced by a person's life before the accident.
3. Whether or Not the Defendant Can Pay
If an insurance company covers the defendant, the motorcycle settlement might be higher. However, if the defendant doesn't have any significant assets, there is a more limited chance of getting a substantial settlement. If the defendant has plenty of assets, then it's more likely that they will receive a large settlement amount may be negotiated. To maximize the amount and make certain the payment of settlement money, you should definitely talk to an experienced, dedicated motorcycle accident lawyer.
In summary, it is only when a settlement is reached that a motorcycle accident injury victim can ultimately be sure of the amount of the settlement.. However, if you've incurred a lot of damages, if it can be proven the defendant caused the accident, and if the defendant has sufficient insurance, the chances of getting a higher settlement amount are much greater. A seasoned personal injury lawyer will be in the best position to weigh the variables and predict the approximate outcome, once all the pertinent information regarding injury, liability, and coverage are known.