Getting the Right Motorcycle Accident Lawyer Is Key
Motorcycle accidents cases are not simple to deal with. These cases are considered to be most laborious and tough to litigate. The reason behind it is the complicated nature of these accidents, which involve a large number of factors, including the extent of the injuries and the liable parties.
In order to achieve an optimal settlement, the motorcyclist has to keep certain assumptions in mind, like that most people stereotype motorcyclists as reckless riders and that this bias can make its way into the courtroom.
When a motorcyclist experiences an accident, the most common question that comes in mind is what is the best possible way to negotiate a fair settlement for their loss and how to settle their case in an efficient manner. To win such a case, it is important to keep the following things in mind:
1. To Overcome Partiality and Prejudice Against Motorcyclists
It is human nature to form preconceived ideas about something and make judgments based on that idea. For some reason, many motorists distrust or even dislike motorcyclists, and consequently blame them whenever a crash occurs. Even worse, jurists can carry this bias into the courtroom as well, stacking the deck against the motorcyclist.
Jurists are more likely to award fair compensation to drivers of regular passenger vehicles than motorcyclists. Your insurance adjusters are well aware of this unfortunate tendency, and as a result, they are less likely to offer a fair settlement deal. In order to win a case, a motorcycle accident lawyer must be prepared to defend his client against these biases.
2. Keeping in Mind How the Parties Value the Case
It is important to understand what the term ‘valuing’ means when you want to win a settlement for your motorcycle accident. Valuing is the best possible guess about how much the jury will award the plaintiff for his losses and damages. It also refers to the estimation of the settlement amount the defendant is willing to pay to avoid going to trial. The main factors to be kept in mind are the severity of damages suffered by the injured motorcyclist, including injuries and property damages.
3. Damages Caused to Plaintiff
It is not easy to estimate the potential outcome of a motorcycle accident case because there are so many factors that come into play, including the biases of jurists. It is easier to make a guess of the settlement that would be awarded to the plaintiff for concrete losses such as medical bills and lost wages based on motorcyclist’s claim, but to make an estimate for pain and suffering of the plaintiff is relatively hard and can be guessed only by looking at similar cases in the past.
The cost of the settlement also depends on the effects that the particular accident had on the motorcyclist’s life; for example, a victim who led an active life prior to an amputation injury would receive more compensation than a victim who led an inactive life.
4. Chances of Finding the Defendant Guilty
To win a settlement in a motorcycle accident case, it is imperative for the injured motorcyclist to have solid evidence that proves that the defendant was at fault for the accident. If your motorcycle accident lawyer cannot gather proper evidence, then it becomes difficult for him to get a fair settlement even if the total damages are huge. Additionally, the defendant’s insurance company is more likely to offer a lower settlement amount if there is no strong evidence against the defendant. Therefore, getting a motorcycle accident lawyer who is adept at conducting thorough investigations is paramount to your success as a claimant.
Last Updated: 03-24-2017