In any personal injury claim the plaintiff is interested to know how much they will receive as compensation. This is true in all cases, whether the matter goes to court or is settled out of court. This article will discuss the factors that influence the settlement in a motorcycle accident case.
It is important to note that when attempting to determine how much compensation you are likely to receive for motorcycle accident settlements there are a number of factors that directly influence the compensation settlement amount. Such factors include:
- Fault - one of the key elements in any personal injury claim is the issue of fault. It is necessary that there be clarity as to who caused the accident and thus is at fault for the accident. This is an important aspect because the person who is at fault is responsible for compensating you for your injuries. When there is insufficient evidence to support that the defendant is liable for the accident, it is highly likely that the settlement offer will be very low. However, if the evidence is clear and available supporting that the defendant is at fault this highly increases the settlement amount. In instances whereby the plaintiff is partly at fault for the accident, compensation that is to be paid by the defendant will subtract the percentage of fault by the plaintiff. For example, if the compensation is $10,000 and the plaintiff is liable for 15% of the fault, the defendant will only pay $8,500.
- Injuries - the motorcycle rider’s injuries carry the most weight when it comes to valuing a motorcycle accident injury case. Injuries fall under damages[Damages | Wex | US Law | LII / Legal Information Institute (cornell.edu)] in personal injury cases. These damages are split into economic and non-economic damages. Economic damages are ones that are easily place a dollar amount on. For example, medical bills, lost income; all these makeup economic damages. Non-economic damages are the ones that are difficult to place a dollar amount on. For example, pain and suffering, mental anguish, loss of quality of life. It is these elements that increase the settlement amount in a motorcycle accident case;
- the nature and extent of the riders injuries,
- type and amount of treatment the rider has undergone and may require in future,
- the long-lasting effects of the accident
- the impact the collision and injuries have on the motorcyclist’s life
All these elements add weight to the settlement amount that the motorcyclist is likely to receive.
- Insurance coverage - the availability as well as the amount of insurance will be a key factor when it comes to any personal injury case. When it comes to settling any case the settlement amount often does not exceed the limits of the defendant’s insurance. However, jury verdicts are able to and can exceed the insurance limits. While this may be the case the plaintiff will not be able to collect the award if there is no assets for the collection to be taken from.
Seek out legal advice from a motorcycle accident attorney to represent you in your motorcycle accident injury case.