Without the protections offered by an automobile, getting into a motorcycle accident presents a greater threat to your health, your livelihood, and your life. According to statistics, over 80% of motorcycle accidents cause personal injury to the rider.
Different factors will come into play when figuring out how much an average motorcycle accident settlement might be. These include insurance coverage, state law, and who was at fault.
Have you suffered a motorcycle accident recently? If you’re wondering about the average motorcycle accident settlement, keep reading!
There are two main considerations in any accident case: liability and damage. Let’s take a closer look at each of these factors and what they might mean for your settlement case.
Liability means the level of responsibility each party holds in the accident. In accident settlement cases, the burden of proving liability rests on the plaintiff. This means if you’re bringing the lawsuit, you need to be able to prove that the other party caused the accident.
If the accident was your fault, or not clearly provable one way or the other, you won’t have much of a case. If the other driver was clearly at fault, you will have a better chance of suing for damages.
Damage refers to the injuries or property damage that you sustained in the accident. If you suffered physical harm to yourself or your motorcycle due to an accident caused by another driver, your settlement may be significant.
On the other hand, even if the other party was liable for the accident but it didn’t cause any damage, you may receive a very small amount in a court case.
First, remember that the amount you may win in a settlement is different than what you might receive in a trial. The settlement value will be lower since you’re not risking a jury trial that you might not win. Expert legal advisors like Keith Zaid Law can help you know what to expect from your settlement and trial options.
While the settlement value looks lower, it’s important to remember that trial cases are difficult and costly. Unless your case is foolproof which cases rarely are it’s a good idea to go for a settlement.
A motorcycle accident settlement will cover damages and lost earnings. Here are some details on each kind of settlement amount:
Any type of damage that has an exact cost to fix is considered special damages. These include medical bills and replacement costs to your motorcycle or other property. In addition, any lost earnings or future earning potential will be figured into special damages.
The court system will accept receipts or paystubs for bills, lost wages, and other costs. It will also have direct ways of calculating future lost earning potential.
Damages that don’t have an exact cost will be more complicated for the court system to calculate. This is one factor that causes motorcycle accident settlements to vary. Pain and suffering don’t have price tags, so it is more difficult to forecast what an average settlement might look like.
A motorcycle accident is not only scary, but it is also potentially devastating for all involved. While the amount of an average motorcycle accident settlement may change depending on the circumstances, you should seek legal advice after an accident. If you’ve been in a motorcycle accident, call a personal injury attorney today!
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