The payment amount of a motorcycle crash injury settlement will rely a great deal on the facts and circumstances surrounding your specific motorcycle crash accident. Every motorcycle crash accident will have different injuries and circumstances, making it highly unlikely that any two motorcycle accident settlements would result in the same monetary outcome.
Determining Relevant Factors From The Crash
As the victim in a motorcycle crash who suffered an injury due to someone else’s negligence, you and your legal representation will be tasked with proving that you deserve the compensation you are requesting. When a settlement amount is reached, factors from the accident are used to determine the amount and entitlement. The following are the areas you and your attorney need to focus on to ensure maximum compensation.
Proving Fault in the Motorcycle Crash
Some motorcycle accident cases are cut and dry. The defendant caused the accident, no questions asked, and your settlement is awarded after negotiations take place. Other times, it isn’t this easy. To prove negligence, you may need the traffic citation that the defendant was issued during the accident, eye-witness accounts, etc.
In most accidents, insurance companies prefer to handle the negotiations outside of the courtroom. That is why many of these injury lawsuits never make it to trial, especially where there is inadmissible proof that the defendant is guilty.
One sure way to prove the defendant was at fault is to prove that they were distracted. Some common distractions for drivers include:
• Distractions on the road or in the car
• Cell phones
• Poor eyesight
• Sleep deprivation
Different states have different measurements of liability in car and motorcycle accidents. If your state assigns a percentage of fault to the accident, you will only receive a percentage of the settlement amount. A lot will be determined through the defendant’s insurance company’s ability to take some or all blame of their client.
Insurance Policies and Limitations
Most motorcycle crash injury settlement amounts won’t exceed the maximum insurance coverage limits of the defendant’s policy. When presented to a jury, the amount could exceed the amount of the policy’s limitations. Still, you may not ever collect this amount if the defendant has no other assets.
As previously stated, insurance companies would rather not go to trial if the defendant is easily identifiable as the guilty party. The negotiations for your settlement will take place with your legal representation and the insurance company’s attorney. You have the final say if you will accept the settlement or if you want to take it to trial.
Injury, Pain, and Suffering
Unfortunately, some accidents involving motorcycles can leave the rider in serious turmoil. When accidents are bad enough, they can even result in death, leaving family members fighting for a fair settlement to cover costs.
Most compensation for personal injury claims is used to cover medical bills, lost wages, rehabilitation costs, and more. Your legal representative will also help you fight for pain and suffering from the accident to ensure that you receive maximum compensation for your injuries.
Why Legal Representation Is Needed For Your Case
Even though you were in a motorcycle accident and most likely still healing, you shouldn’t have to handle the insurance companies on your own. Personal injury lawyers have the expertise to handle every step of the motorcycle crash injury settlement process, advising you along the way. If you were hurt in a motorcycle accident, you might be eligible to collect on the injuries sustained. Call a motorcycle crash injury settlement lawyer today for your free case consultation. The best part is, that most lawyers do not charge you anything unless they win your case and get you a monetary settlement.