Motorcycle Accident Cases: Settlement Factors
If you have been involved in a motorcycle accident and are considering or already have filed an insurance claim or personal injury lawsuit, you will want to first learn whether you have a claim and what the claim is worth. While there are many elements in motorcycle accidents that can be utilized to predict the outcome of your claim, this article will discuss several factors you should consider.
Overcoming the Bias and Prejudice Associated with Motorcyclists
Preconceived judgments and/or personal biases should never be factors in deciding the compensation a motorcyclist should receive. While this is ideal, it is understandable that this will rarely be the case. Motorcyclists are commonly misjudged and often disliked. Many drivers distrust motorcyclists and unfortunately, members of a jury may share this prejudice. A jury may be inclined to award motorcyclists a fraction of what other drivers may receive. Further, insurance adjusters are aware of this common bias and may take advantage of the situation when negotiating an appropriate settlement. Due to these elements, injured motorcyclists may be forced to face the burden of proving stronger cases when demonstrating their victimization.
If you have suffered injuries due to being involved in a motorcycle accident, you will need a structured plan to fight for the damages you are owed. Speak to an experienced attorney who is familiar in the area of law and can aggressively represent your rights as a victim.
How a Case is Valued
The value of a case refers to a reasonable assessment of what a jury will award in monetary damages to the injured motorcyclist. Additionally, valuing a case also refers to understanding what the opposing party will be willing to accept as a settlement for the case in an effort to prevent taking the case to trial. While there are many factors that will affect the desired award, it is important to consider the extent of the injuries of the parties involved. Equally important, it is also vital to accurately assess the extent of the damages of the vehicles involved. Finally, it is imperative to consider the degree of fault the victim may have had in the incident.
Understanding the Victim’s Damages
Valuing the potential result of a case involving a motorcycle accident could be difficult because, in a jury trial, the jury will likely be the fact finder that ultimately decides the monetary award the defendant will be obligated to pay the injured victim.
While personal injury damages such as lost wages and medical bills are easier to demonstrate, damages such as pain and suffering are sometimes difficult to prove. While the value of the award regarding pain and suffering can be difficult to predict, it nonetheless should be considered in every case. Speaking to an experienced attorney can help you understand what important elements you must demonstrate to successfully prove your damages, including lost wages, past and future medical bills, and pain and suffering.
An element that can affect the amount of awarded damages includes the victim’s loss of quality of life. If the accident has permanently affected the injured victim, he or she may be more likely to receive a substantial award. For example, in the event that a victim has suffered an injury which will affect his or her ability to retain a job, it would be important to present a strong case directed at those damages. Further, if a victim was known to have an active lifestyle prior to the accident and has suffered the loss of this lifestyle due to the accident, the jury will also take this into consideration.
Seeking Legal Assistance in the Aftermath of a Motorcycle Accident
If you or someone you love has suffered injuries due to a being involved in a motorcycle accident, you have the right to pursue damages for your injuries. Being injured by a negligent driver could leave motorcyclists severely injured, impaired, or even mortally wounded. While there are many factors that should be considered when determining the potential damages or a settlement award, speaking to an experienced attorney can help you build your case. Speak to an attorney who has experience in motorcycle injury cases and will ultimately champion your case.
The attorneys at The Knez Law Group, LLP., have extensive experience in fighting for the rights of injured motorcycle drivers. They are a dedicated team of attorneys who will vigorously champion for the rights of their clients. The Knez Law Group, LLP., will gather the necessary factors to give their client’s claim an opportunity for the best possible outcome.