Motorcycle accidents can devastate individual victims and their families. Worse yet, if the accident causes serious injury, costs associated with medical treatment and property damage can be substantial. Knowing this, you may be wondering 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.
How Much Are Motorcycle Injury Claims Worth?
Motorcycle accidents are varied in nature. To find out exactly what your claim is worth, you need to speak to a lawyer. They will assess the details of the event and calculate an estimated settlement. Whether you actually 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 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. To find out exactly what your claim is worth, contact a personal injury lawyer today.
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What Factors Affect Motorcycle Accident Compensation?
If you are filing an insurance claim or lawsuit following a motorcycle accident, the case will need to be valued based on the related circumstances. By valuing the claim, you are making an estimate of 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 would be capable of paying if they were to offer you compensation.
To figure out 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 needs to be considered as well. 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
To get an accurate estimation of what your motorcycle accident claim may be worth, get in touch with an attorney immediately. During the consultation process, you can gain a deeper understanding of what factors play into determining possible compensation.
How does Shared Fault for a Motorcycle Accident Effect Compensation?
Sometimes, motorcycle riders who are 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.
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. With a comparative fault system, the fault is assigned 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. They are:
- 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 will be able to claim 51% of their total estimated damages.
- Modified comparative negligence – Under these laws, plaintiffs are unable to recover any damages if they are found to be at least 51% at fault for the accident. In instances where 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?
A majority of states require that the person who is at fault in an accident pay for the damages caused in the accident. In order to have your damages paid for, you must prove your case to either an insurance company or a judge and jury. 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
To start filing a claim, you need to build your case and submit the appropriate paperwork. You can do this on your own, but most motorcycle accident victims find that 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.
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File Your Motorcycle Accident Claim Today
Do not file your motorcycle claim without adequate legal support. Get in touch with 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.