The amount of a motorcycle accident injury settlement payment will depend largely on the facts and circumstances surrounding your specific motorcycle accident accident. Every motorcycle crash accident will have different injuries and circumstances, so it is highly unlikely that two motorcycle accident settlements will result in the same monetary result.
Determination of the relevant factors of the accident
As a motorcycle accident victim who suffered an injury due to someone else’s negligence, you and your legal representation will have the task of proving that you deserve the compensation you seek. When a settlement amount is reached, accident factors are used to determine the amount and entitlement. The following are the areas that you and your attorney should focus on to ensure maximum compensation.
Prove fault in the motorcycle accident
Some motorcycle accident cases are straightforward. The defendant caused the accident, no questions were asked, and your settlement is awarded after negotiations take place. Other times, it’s not so easy. To prove negligence, you may need the traffic citation issued to the defendant during the accident, eyewitness accounts, etc.
In most accidents, insurance companies prefer to handle negotiations outside of the courtroom. That is why many of these injury claims never make it to trial, especially when there is inadmissible evidence that the defendant is guilty.
A sure way to prove that the defendant was at fault is to prove that he was distracted. Some common distractions for drivers include:
• poisoning
• drugs
• Entertainment on the road or in the car
• Cell phones
• Poor eyesight
• Sleep deprivation
Different states have different liability measures 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. Much will be determined by the ability of the defendant’s insurance company to assume some or all of its client’s fault.
Insurance Policies and Limitations
Most motorcycle accident injury settlement amounts will not 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 limitations. Still, you may never collect this amount if the defendant has no other assets.
As stated above, insurance companies would prefer not to go to trial if the defendant is easily identifiable as guilty. Negotiations for your settlement will take place with your legal representation and the insurance company’s attorney. You have the final say on whether to accept the settlement or whether to take it to trial.
Injury, pain and suffering
Unfortunately, some accidents involving motorcycles can leave the driver in a serious situation. When accidents are serious enough, they can even result in death, causing family members to fight for a fair settlement to cover the costs.
Most personal injury claim awards are used to cover medical bills, lost wages, rehabilitation costs and more. Your legal representative will also help you fight through the pain and suffering of 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 are most likely still recovering, you shouldn’t have to deal with insurance companies on your own. Personal injury attorneys have the experience to handle every step of the motorcycle accident injury settlement process, advising you along the way. If you were injured in a motorcycle accident, you may be eligible to collect for injuries sustained. Call a motorcycle accident injury attorney today for a free case consultation. The best part is that most attorneys do not charge you anything unless they win your case and obtain a monetary settlement.