A Motorcycle Accident Attorney Can Give You an EstimateAccording to National Highway Traffic Safety Administration (NHTSA), motorcyclists are five times more likely to get injured in an event of an accident, no matter how safely you ride. Unlike cars, motorcycles do not have seat belts or air bags, which is why motorcyclists often sustain injuries in accidents.
If you have been harmed due to the negligence of another driver, you deserve compensation. Many factors play a part in determining the total worth of your injury claim. Only an experienced motorcycle accident attorney can provide you with an estimate of your case’s worth after taking into consideration all of the case’s details.
Your entitlements in a motorcycle accident claim
If you are trying to get an estimate of how much your motorcycle accident case is worth, you should know your entitlements first of all. Depending on the circumstances of your accident case, you may be entitled to compensation for the following:
- Present and future medical expenses following the accident
- Present and future lost wages and loss of earning capacity
- Present and future disfigurement, pain, suffering or disability caused by the accident
Factors affecting the worth of your motorcycle accident case
In order to know the value of a motorcycle accident case, you need to take into account one important factor, which is liability. In other words, you must be able to prove who was at fault. If the liability is not found or proved, your case will be much weaker and your potential compensation lower. Since the burden of proof lies on the plaintiff, which is you, then you must be able to back your claim with strong evidence. If the defendant successfully proves that he was not negligent, your motorcycle accident case will not be worth anything.
If your motorcycle accident attorney successfully proves the other party’s liability, they must then establish the full extent of your damages. You are entitled to get compensation for all the injuries and losses you suffered due to the accident. However, you must first be able to prove your damages with the appropriate documents, photos, records, and other evidence.
Trial value vs. settlement value
If you are trying to get an estimate how much your motorcycle accident case is worth, you need to take into consideration that there are two types of valuations: trial value and settlement value. Settlement value is the amount that constitutes a satisfactory settlement offer. Most parties settle the case because they want to avoid the risk of losing the case in court. Trial value is the value you expect to get if you win the trial. Sometimes, a trial is worth pursuing because the potential value is much higher than the settlement value.
Availability and amount of insurance
The total worth of your motorcycle accident also depends upon the assets and insurance policy of the defendant. If the defendant has fewer resources and assets, the settlement value will not exceed the liability limits of defendant’s auto insurance. In a court trial, jury verdicts can potentially exceed the insurance limits of the defendant. However, if the defendant has little to no assets, it is probably not worth pursuing litigation since there is nothing to gain.
There is no straightforward way to know beforehand how much your motorcycle accident case is worth. The best way is to talk to your motorcycle accident attorney as soon as you can after the accident. Only your attorney can evaluate the worth of your motorcycle accident case based on your unique circumstances and various legal factors that come into play.
If you have been in a motorcycle accident, the most important thing is to promptly get professional help. Only a motorcycle accident attorney can guide you on which steps to take in order to strengthen your case and get the appropriate compensation for your damages.
Last Updated: 03-24-2017