If you get into a motorcycle accident, one of the things that you would wonder after the incident would be the amount of your potential claim, whether you are a rider or a passenger. There are different factors that will affect the value of any claim if you decide to make it. But before you can determine your claim, remember that you need to have a motorcycle accident injury lawyers first so you are sure that you are receiving the right compensation that you deserve.
Take Into Account Liability And Damages
In order for you to value a motorcycle accident case, you first have to consider Liability and Damages. It is important that you understand these two before you proceed with your claim. If you have a motorcycle accident injury lawyer, then he or she can walk you through with the process.
- ‘Who is at fault for the accident?” If there is no liability, or if this can’t be proven, then your case will be worthless. This is because it will always be the plaintiff’s issue of proving that the defendant was negligent and caused the accident. If say the driver was not negligent, then the person doesn’t owe you anything!
- This has to do with the injuries as well as the other loses that you have suffered because of the accident. Remember that the more significant the injury, the higher the amount of the compensable injury damages.
Settlement and Trial Values
If you are trying to value a motorcycle injury, you need to know that there are two types of valuations: Settlement Value and Trial Value. The Settlement Value is what you reasonably hope to achieve from the case. It will be much lower than the trial value because you will settle to avoid the hassle and also the risk of losing a trial. The Trial Values, on the other hand, is what you will reasonably expect to win at a trial.
How Are The Damages Calculated?
The damages in a personal injury case have two types; Special damages or the damages capable of exact calculation and also the damages that are not capable of exact calculation like pain and suffering. The special damages are the plaintiff’s lost earnings which include the ones earned in the past, present and future. It will also include the lost earning capacity, the employment benefits, medical bills, and other financial losses. The damages that are not capable of calculating have no guidelines so the jury will not be able to figure out how much to award. Because of this, the judge can generally instruct juries to use their good sense and experience when it comes to determining the pain and suffering.
Hiring A Motorcycle Accident Injury Lawyer Is Important
Traffic accidents may happen anytime and injuries incurred can be painful, may involve a huge sum of money, and it can take a lot of time. During the process of healing, a lot of things will be affected, which includes your ability to work and earn. This is why a seasoned accident injury lawyer can greatly help you go through this process quickly and fairly.