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If you are hurt in a motorcycle accident, enlisting the help of an experienced personal injury lawyer is essential to determine how much your claim is worth. Here are some important factors to take into consideration when filing a motorcycle injury claim:
Liability and Damages
In order to determine the value of your motorcycle injury case, two things must be taken into consideration: liability and damages. Liability is taken into account if another person is at fault for the accident. If liability has been disputed by the negligent person’s insurance company, the burden of proof rests on the plaintiff to prove negligence.
If you are involved in an accident where the driver of the other vehicle was not negligent, it is very unlikely that his or her insurer will settle the case for a substantial amount. In this situation, the help of an experienced personal injury lawyer is very valuable. He or she can look at the circumstances, determine whether you should move forward with your claim, and negotiate with the insurance company if necessary.
Damages are the injuries and other losses you have suffered in connection with the accident. The more severe the injury, the higher the amount of compensable damages.
Typically, damages for a motorcycle accident may include:
Liability and damages often work together to affect the value of a motorcycle injury case. Without the help of a qualified accident or injury lawyer, you would be hard-pressed to figure out what the appropriate compensation for your case will be.
How are Damages in a Motorcycle Accident Case Calculated?
Special damages are those that are actually caused by the injury and can include: lost earnings medical bills, and other definitive financial losses. The dollar amount are of special damages are simple to calculate, as they are usually a set dollar amount.
Although they are also presumed to be a result of the defendant’s actions, putting a dollar amount on general damages such as pain and suffering can be much more challenging. Determning just compensation for general damages is unique to each case, as they are subjective in nature and can be difficult to quantify.
Settlement Value vs. Trial Value
In any personal injury case, negotiating a settlement requires calculation of an equitable amount of money you would accept to give up your legal claim. Insurance companies and personal injury lawyers often employ a formula to determine a starting point for settlement negotiations.
One common formula uses a multiplier and special damages such as medical expenses to determine an estimate of non-economic damages like mental anguish or pain and suffering. When determining non-economic damages, your lawyer will seek answers to some of the following questions:
Based on liability and damages, trial value is what you can reasonably expect to win at trial. A competent accident or personal injury lawyer will determine whether or not it is worth taking your case to trial. An attorney can often negotiate a settlement that is fairly comparable to what you may receive at trial, allowing you to avoid the inconvenience and expense of going to court.
If you or a loved one has suffered a motorcycle injury, employing the help of a knowledgeable personal injury lawyer who will make sure you receive the full compensation you deserve,can help make a difficult time easier for you and your family.
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