When it comes to motorcycle accidents, one of the biggest concerns for victims is the potential financial impact. However, it is important to understand that there is no such thing as an average settlement in any personal injury case. Many variables come into play in an individual motorcycle accident case, as no two legal situations are the same. Further, all individual plaintiffs are unique because people may have different circumstances before and after the accident.
If you rely solely on what the internet purports to be an average settlement number as your guide, you may reach a settlement agreement that disadvantages you. Instead of trying to research the average settlement, let a motorcycle accident attorney review your situation and estimate the amount of your damages before you reach any settlement agreement. A motorcycle accident lawyer understands your case's concepts and your situation's specific facts. They will gather vital evidence, such as police reports, medical records, and witness statements, to help your case.
Your motorcycle accident attorney can negotiate with the insurance company to get the most compensation for your injuries. Insurance companies will never make your case easy, so you need legal help to take them on as vigorously as necessary to get the full settlement you deserve. You can only do that through a show of force that involves hiring a motorcycle accident attorney.
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Know What Is Behind Your Motorcycle Accident Damages
Before you can even be in a position to negotiate with the insurance company, you need to do a fair amount of legwork in your case. You can only receive compensation if you can prove that the driver in your crash was negligent, and you must meet your burden of proof by a preponderance of the evidence. Then, you must also prepare to demonstrate your injuries before you can get total compensation for them.
Your motorcycle accident attorney will explain the concepts behind your damages so you have a better idea of the calculation they will make. A motorcycle accident lawyer will explain that you have the right to get paid for the financial losses you have suffered and the more subjective non-economic injuries.
Economic Damages for Your Motorcycle Accident Injuries
Economic damages will be the first significant element of your motorcycle accident injury settlement check. This category of damages should compensate you for your actual financial losses associated with your motorcycle accident injuries, both in the past and future. Medical bills will be a large part of your economic damages, and when you agree to the settlement, you have likely already spent money out of your pocket to pay for your share of your care. In addition, your health insurance company has also contributed money towards your care, for which it needs reimbursement. Your settlement will cover any medical care in the future from the time of your agreement, so you must account for medical expenses when calculating your damages.
Lost earnings are the other major part of your motorcycle accident compensation. You may have missed time from work already because of your injuries, and you may be unable to work entirely in the future. Your injuries may also prevent you from doing the same type of work that you did before your motorcycle accident. You can get paid for the lost earnings you have suffered, whether when you could not work or any reduction in your earnings capacity.
Non-Economic Damages in a Motorcycle Accident Settlement
Non-economic damages are a very misunderstood part of any personal injury settlement. However, you can rest assured that insurance companies know all these damages and are trying to pay as little as possible.
Non-economic damages represent the experience that comes from living with your motorcycle accident injuries, which can affect you in several ways. First and most apparent is the actual physical pain that you feel from your injuries. The second part of this element of damage is the suffering, hence the term "pain and suffering." Your suffering can include many different types of discomfort, from physical to emotional.
Wrongful Death Damages in a Motorcycle Accident Case
If your loved one died in a motorcycle accident, your family may have the legal right to substantial financial damages in a settlement or jury award. State law gives your family the right to file a wrongful death lawsuit to seek compensation for the loss of a family member. The death of someone who you relied on in many ways is your family's personal injury, and that is compensable. The personal representative will likely be the one who files the wrongful death lawsuit on behalf of the individual family members.
Here, the value of your wrongful death claim depends on what the deceased person meant to your family and individual family members. You are placing a monetary value on your family member's life, but that is what you must do to get full compensation for it.
The size of your wrongful death award may depend on the following:
- The amount of grief and trauma that your family has endured because of the tragic loss of a loved one
- The money that your family member would have earned and provided to the family in financial support over the rest of their working career
- The nature of the relationship that they had with individual family members and the emotional support that they provided
- The physical relationship that the deceased person had with their spouse
Like any other type of personal injury damages, motorcycle accident wrongful death settlements are inherently subjective. They may differ depending on the lost life and the nature of their role in the family.
The Size of the Driver's Insurance Policy Can Determine Your Settlement
The size of your motorcycle accident settlement also depends on the insurance coverage available to pay for your injuries. You do not get to choose the driver in your accident, nor do you have any control over the amount of insurance they purchased. You hope they did not buy a cut-rate auto insurance policy. However, more drivers are economizing on coverage since the price of car insurance premiums has skyrocketed in recent years. The driver may lack the personal assets to pay for your damages, which can complicate collecting on a personal injury judgment.
Significant Underinsured Motorist Coverage Can Increase Your Settlement
The size of your settlement can also depend on the amount of underinsured motorist coverage you have available as part of your motorcycle insurance policy. It is prudent to err on the side of caution and purchase as much coverage as possible (both in terms of what is available to you and what you can afford) because your damages may exceed the insurance coverage the other driver has. Then, you will turn to your insurance policy to pay for damages above and beyond the responsibility of the driver's coverage. Your own insurance company can be every bit as difficult to deal with, and it too will play hardball in any settlement negotiation.
The Insurance Company May Reduce Your Check if You Bear Partial Blame for the Accident
Another factor that can determine the size of your settlement is whether the insurance company is trying to blame you for the accident in any way. Insurance companies know they can pay you less if they successfully claim you are at fault. Therefore, your motorcycle accident lawyer may need to defend you from allegations about your conduct because the insurance company may have a financial incentive to do so. Your settlement check may depend on whether your motorcycle accident attorney can help you beat back some or all of these accusations.
Fighting Harder Can Get You More Money
A settlement agreement is the product of negotiation between two parties. It is a contract, a meeting of the minds between two sides trying to resolve a dispute, and nobody can force you to accept the terms. Even if they did, a contract agreed to under duress is invalid. All this is to say that you control the settlement process and never have to agree to anything that is not in your interest. Insurance companies do not get to impose a settlement agreement on you. If you have proof that the driver's negligence caused your injuries, you have a legal right to total compensation, regardless of whether the insurance company agrees or not. If insurance companies do not pay the full amount they owe you, a motorcycle accident lawyer will advise you to reject the settlement offer and continue negotiating or taking your case to court.
Never accept a hasty deal with the insurance company to get a check; if you reach an agreement too quickly, you may leave a large amount of money on the table. Insurance companies may dangle cash before you, hoping to reach an agreement that saves them money. It is up to you to hold out for the exact amount of money that you deserve.
If insurance companies will not willingly give you the money, you may need to take it from them in court. The jury members are the ultimate decision-makers in any motorcycle accident case, and they can hear your case if the insurance company does not offer you the amount of money you deserve. Your motorcycle accident case will rarely go to trial, but it is still a possibility. Hiring a motorcycle accident attorney for your case sends a strong message to the insurance companies that you mean business. They should know better than to test your resolve when an experienced motorcycle accident attorney represents you.
Why You Need a Motorcycle Accident Lawyer for Your Case
When you or a loved one has suffered an injury in a motorcycle accident, you are dealing with significant financial consequences of what happened. You may deal with these effects for many years and perhaps even the rest of your life. A motorcycle accident claim is your only chance to hold the responsible party accountable and get the money you need for your damages.
You need and deserve the help of a motorcycle accident attorney to get the settlement you deserve. Without legal representation, you will not know how much you deserve, so you may be more likely to accept an unfair settlement offer. Second, insurance companies will only take you seriously if you have a lawyer because for them to do the right thing, they must fear you to a certain extent. They only show respect for your legal rights when they see a motorcycle accident lawyer who can make them pay by taking them to court.
Now is the time to schedule a free initial consultation with a motorcycle accident attorney if you still need to do so. Once the motorcycle accident lawyer learns more about you and your situation, they can give you a rough estimate of what you can expect in compensation. Then, your motorcycle accident attorney will go to work to gather the evidence you need to prove liability before they fight to get the insurance company to pay you damages fully.
It Costs You Nothing Upfront to Hire a Motorcycle Accident Lawyer
If you have been in a motorcycle accident, you may be facing a mountain of medical bills, property damage expenses, and lost earnings. The last thing you need is to worry about the cost of hiring a lawyer. The good news is that you will not have to pay anything out of pocket for legal representation.
Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. With a contingency fee arrangement, you do not have to worry about hourly rates or upfront fees. Instead, your lawyer will take a percentage of your settlement or verdict as their fee.
Call An Experienced Motorcycle Accident Attorney
If you have suffered an injury in a motorcycle accident, it is important to hire a lawyer. You can have peace of mind knowing you have solid legal representation, fighting to protect your interests and get the compensation you deserve. Do not face this difficult time alone. Reach out to a trusted personal injury attorney so you can move forward with your life.
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