In claims that involve motorcycle crashes, the injured victim usually wonders about the amount of money they can be compensated with. Whether a motorcycle case gets settled out of court or is taken to trial, the question of compensation persists.
But every case is different and demands a different legal strategy. Also, the compensation a victim may get differs according to many factors. This makes it important to have a legal consultation with an accident attorney since they know the factors that have a direct influence on settlement amounts. These factors include the following:
Fault
To determine the amount of your settlement, who caused the accident must be considered. The person responsible for your injuries will have to compensate you for them. To prove fault, present adequate evidence that supports your liability claim. Without sufficient evidence, you won’t be able to demand full compensation.
If you share responsibility for the accident, you may not get full monetary compensation. In Utah, you need to be less than 50% at fault for an accident to secure compensation and your fault percentage will reduce your final settlement. To be clear about how to determine and establish fault for your case, speak with a skilled motorcycle accident attorney.
The Seriousness of Your Injuries
The seriousness of the injuries you suffer will not have a direct impact on your settlement amount, but it will affect your case’s outcome. The more serious the injuries the more likely they can significantly affect your life. This could translate to higher settlement amounts.
It will help if you make this distinction because some injuries have more serious effects on your life than others. These include back injuries, traumatic brain injuries, head injuries, road rash, spinal cord inures, loss of limbs, and whiplash. Discuss the injuries with your attorney without missing a detail, so you can develop the right legal strategy.
Healthcare and Treatment Costs
Your medical expenses will be taken into account when calculating your accident claim’s value. After all, you are not supposed to pay for your medical expenses if somebody else caused your injuries. An experienced attorney can help you pursue an accident claim, so you can be compensated for your health health-related costs. Your claim must include cost for your medical treatment (current and future), ambulance fees, medications and prescriptions, hospitalization, home adjustments, and mental health counseling.
Financial Damages
After sustaining injuries due to the misconduct of another party, you deserve fair compensation for your damages. Your lawyer will take into account other monetary damages you have sustained including lost income, lost earning potential, repair or replacement costs, and the expenses associated with higher insurance premiums.
Quality of Life Impacts
A motorcycle crash can lead to life-changing consequences. When calculating your possible claim settlement, your attorney will consider the effects of your injuries on your lifestyle. You can be compensated for damages such as emotional distress, physical pain and suffering, mental anguish, disfigurement and scarring, loss of life enjoyment, loss of consortium, and loss of reputation.
The Ability of the At-Fault Party to Pay
Sometimes, the ability of the defendant to pay a claim settlement may be limited. But the majority of vehicle owners carry an insurance policy that can pay for accident-related damages. Your settlement amount can be affected by the insurance coverage available.
After you suffer injuries due to the fault of another person, you will not want to settle for less than what you are entitled to. Do not accept the insurance company’s initial settlement offers. Keep in mind that after you accept a settlement, you can’t demand more compensation later on. Before you accept a settlement, consult with your accident attorney first.
