Motorcycle accidents can devastate individual victims and their families. Worse yet, if the accident causes serious injury, medical treatment and property damage costs can be substantial. Knowing this, you may wonder how you can claim compensation for a motorcycle accident you did not cause and how much you can expect to recover through your claim.
It is hard to specify exactly how much you can expect from your motorcycle accident claim without having specific details about the accident and surrounding events. Fortunately, we can provide indirect estimates based on past outcomes our clients obtained.
Mental Trauma from a Motorcycle Accident
Riders can suffer serious mental trauma from a motorcycle accident. Some of the following mental consequences include:
- Symptoms of depression (hopelessness, lack of energy, social withdrawal, etc.)
- Feelings of fright or shock
- Focus issues
- Avoidance of favorite hobbies or activities
- Excessive alcohol or drug use
- Frequent flashbacks of the accident
- Insomnia or issues sleeping
- Feelings of anxiety
Victims who experience most of these symptoms may suffer from post-traumatic stress disorder (PTSD). PTSD, Depression, and Anxiety are forms of mental anguish that can affect a person’s livelihood. These conditions can make it difficult for you to work and enjoy time with your loved ones.
Talk to an experienced motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, today about your case.
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How Much Motorcycle Injury Claims Are Worth
Motorcycle accidents are varied. You need to speak to a lawyer to find out exactly what your claim is worth. They will assess the details of the event and calculate an estimated settlement.
Whether you get the amount they present depends on the claims process, but it should give you a firm idea of what to expect. To identify what your claim is worth, your lawyer will make an estimate based on the following factors:
- Who was at fault in the accident
- What injuries have you sustained
- The cost of treating injuries related to the accident
- The non-economic damages you experienced due to the accident
- The property damage caused by the accident
Sometimes these claims amount to $10,000. At other times, compensation can be in the millions. Contact a personal injury lawyer today to find out exactly what your claim is worth.
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The Factors that Affect Motorcycle Accident Compensation
The case must be valued based on the related circumstances if you file an insurance claim or lawsuit following a motorcycle accident. By valuing the claim, you estimate what a jury would award you if the case were to go to trial. This calculation also accounts for the amount that the at-fault party could pay if they were to offer you compensation.
To determine what is owed to the injured party, a plaintiff must determine what amount they would be happy to accept if the case was settled. This involves calculating total damages and losses related to the accident. If the jury is less likely to find fault in the perceived at-fault driver, this factor also needs to be considered inasmuch as weaker cases often warrant smaller settlements.
When deciding how much a case is worth, several factors must be considered, including but not limited to:
- The injuries suffered by the injured rider
- The medical care administered to the injured rider following the accident
- The possibility of long-term damage caused by the accident
- The overall effect of the accident on the injured rider’s quality of life
How an Attorney Can Help
Contact an attorney immediately to get an accurate estimation of what your motorcycle accident claim may be worth. During the consultation process, you can better understand what factors play into determining possible compensation. Our motorcycle accident lawyer will work diligently to investigate your case and determine the best course of action moving forward, so call our office today to schedule a free consultation.
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How Does Shared Fault for a Motorcycle Accident Affect Compensation?
Sometimes, motorcycle riders injured in accidents share some level of fault in the accident. Depending on where you live, this can impact the level of compensation one can recover. The laws that require injured riders to share fault in their damages are called comparative negligence laws.
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But How Do These Laws Affect Your Ability to Claim Compensation?
Generally, comparative fault laws reduce compensation partially or fully based on how much the injured driver was at fault in the accident. A comparative fault system assigns the fault to every party involved in the accident. Settlements are then reduced depending on the level of fault a driver shares in the motorcycle accident.
This can be done in two different ways:
- Pure comparative negligence – Under these laws, the parties involved in a claim collect a percentage of their damages based on the percentage of fault they share in the accident. For example, if someone is 51% at fault, they can claim 51% of their total estimated damages.
- Modified comparative negligence – Under these laws, plaintiffs cannot recover any damages if they are found to be at least 51% at fault for the accident. When blame is shared 50/50, neither party can collect damages from the other.
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How Do You File a Motorcycle Accident Claim?
Most states require the person at fault in an accident to pay for the damages caused. You must prove your case to an insurance company or a judge and jury to have your damages paid for. You have the option to file a claim against several different parties, including but not limited to:
- Any drivers associated with the accident
- The owners of vehicles involved in the accident
- People who contributed to the accident
- Government agencies that did not maintain roads properly
- Your own insurance company
You must build your case and submit the appropriate paperwork to start filing a claim. You can do this independently, but most motorcycle accident victims find that the chances of successfully filing a claim increase when you hire a lawyer.
With proper legal representation, you can organize your case effectively and identify the maximum amount of compensation you stand to claim. Once the claim is filed, you will also have experienced negotiators on your side arguing for your interests.
How an Attorney Can Help with a Motorcycle Accident Settlement
For various reasons, victims of motorcycle accidents choose to seek a settlement on their own. They don’t think to work with a motorcycle accident attorney who can assist them in many ways.
When you collaborate with an attorney for your motorcycle accident settlement, you work with someone who can handle the following:
- Helps gather evidence that can strengthen your argument
- Establishes the actual liable party of your accident
- Calculates what a fair settlement would be for you
- Negotiate a just settlement on your behalf
File Your Motorcycle Accident Claim Today
Do not file your motorcycle claim without adequate legal support. Contact Gatti, Keltner, Bienvenu & Montesi, PLC, to start processing your claim today. The process starts with a free consultation.
Use the contact form on this page to schedule a consultation with our legal team.