How to Seek Compensation for Motorcycle Accident Damages

Whether you're a passenger or a rider, if you get into a motorcycle accident, you may be wondering about the worth of your claim. There are some factors that will affect your settlement when you're seeking compensation for damages following your motorcycle wreck.

The value of your compensation depends on the specifics of your case, including the severity of your injuries and the damages to your motorcycle. A qualified lawyer can help offer an estimate for your award after a close evaluation of your case.

How Liability and Damages Work in a Motorcycle Accident Case

To assess the value of a motorcycle accident case, you have to consider two major factors: liability and damages.

Liability

Liability means who is responsible for the accident. If the person who hit you was not acting negligently or you can't prove who was at fault, your case won't be worth much.

The burden of proof is always on the plaintiff. Therefore, if the defendant was not negligent, you may not receive a settlement.

Damages

Damages pertain to the injuries and losses you suffered because of the accident. The more severe your injury, the higher your compensation may be. Make sure to document how your health was affected by the accident.

Examples of How Liability and Damages Work in Your Case

Here are some examples of how liability and damages work to influence the value of your accident case:

You're at a red light, and another driver rear-ends you. You weren't hurt, and your motorcycle wasn't damaged, but the person who hit you was negligent. Nevertheless, if you weren't hurt and your motorcycle is intact, you don't have much of a case. You may still get a small amount for your trouble, but this is more of a courtesy to you as an accident victim.

Consider another scenario. If you've suffered severe damages in a motorcycle accident but the other driver was not negligent, or the accident was entirely or partially your fault, your settlement amount will be smaller. The defendant's insurance carrier may not be obligated to pay you at all in a situation like this. You'll have to work with a qualified lawyer to prove that the other party was at least somewhat at fault to receive any type of compensation.

How fault influences the compensation amount depends on your state. If you were injured in South Carolina, contact a Greenville motorcycle accident lawyer for advice.

Settlement Value vs Trial Value

When you're attempting to assess the value of your motorcycle injury claim, there are two categories to consider: settlement value and trial value. The settlement value is the amount for which you can reasonably settle your case. This value is significantly lower than the trial value since you'll be settling the case to avoid the risk of losing in court.

The trial value of the case is what you can expect to win if you take the case to court. For example, if your case is worth $150,000 based on damages and liability, but you think your chances of winning are only about 20%, you may want to settle out of court for about $30,000, which is 20% of the trial value.

Generally, the settlement value for your case is less than the trial value and is multiplied by your chances of winning if you try your case in court. However, your settlement value may be more of a safe bet since you won't have to worry about losing at trial.

Calculating Damages

There are two types of damages you can hope to recover in a motorcycle accident case. You can receive damages based on exact calculations, also known as economic damages. You may also receive damages that can't be precisely calculated, which are known as non-economic damages.

Economic damages include wages you've lost in the past, are currently losing, and/or will lose in the future because of the accident. You should also be able to get a settlement for your medical bills, employment benefits, and other financial losses. These damages are referred to as economic damages because you can assign a specific dollar amount to them.

Non-economic damages are more subjective, and as such, you cannot easily place a dollar amount on them. Usually, you can't make an exact calculation for pain and suffering. A jury can't use a chart to determine the amount you're owed for your subjective experience of the tragedy. A judge will normally encourage the jury to use their logic and experience to determine the amount they should award for pain and suffering.

Final Thoughts

A lawyer can help you get the settlement you need if you've been in a motorcycle accident. An attorney who specializes in motorcycle accidents can evaluate all the aspects of your case and determine liability to help you receive a fair settlement. You'll also get the legal assistance you need to effectively communicate with all involved to ensure you are compensated fairly for injuries and damages.