Knowing how much to expect from an auto accident settlement is challenging. Most settlements are confidential, and victims are affected differently. Understanding factors that can cause variations is essential in assisting victims in estimating their compensations. Here are the top factors that affect the settlement of motorcycle accidents.
Severity of Injuries
The level of pain and suffering you get is vital in calculating your compensation. Motorcycle riders are more exposed to serious harm than car drivers, leading to higher settlements. For instance, the victim might spend more on invasive surgeries and pain management if they suffer severe spinal cord trauma and chronic pain. In this case, they will likely get higher settlements than those with minor injuries.
Courts or insurers also consider several factors when establishing the degree of injuries. These include disabilities, lost wages, and earning potential. You are more likely to get a higher settlement if you suffer permanent disabilities like amputations. You can qualify for higher compensation if the injuries result in an inability to work. Documenting all economic losses, pain, and suffering is recommended to help with the case.
Negligence and Liability
Negligence is the failure to exercise proper care that a reasonable person would if in a similar situation. On the other hand, liability is established when the party that acted recklessly is proven irresponsible. Lawyers must prove the party responsible for the accident for the case to proceed. However, note that what qualifies as carelessness depends significantly on the situation.
Several factors affect the investigation process and the final amount. For instance, some states follow comparative negligence laws, which can lead to reduced compensation if the rider is partially at fault. Evidence you give, like police reports and witness statements, can also strengthen the case.
If defective motorcycle parts cause an accident, the manufacturer could be liable(product liability), which increases the final amount. Working with an experienced motorcycle accident lawyer in this case can help prove fault and increase the likelihood of getting a higher amount.
Insurance Coverage Limits
Insurance policies have a significant impact on the negotiation process and amount. Each state has its minimum insurance requirements, calculated per person and per accident. For this reason, all drivers must carry a minimum insurance amount to assist in case of accidents. However, the amount you qualify for varies based on many factors. These include the type of insurance coverage and medical payments.
You may receive a lower settlement if the party at fault carries minimum insurance coverage. On the other hand, if the driver lacks adequate coverage, you can use your uninsured policy to cover for damages. Your medical and personal injury policies can assist you in paying your medical cost regardless of the party at fault. Sometimes, you can also file a case to request compensation using the at-fault driver’s assets. This is applicable when both parties lack adequate coverage to pay for the damages.
Endnote
Filing and winning a motorcycle accident claim is stressful, considering the injuries and economic effects that accompany the accident. However, with sufficient evidence and reliable insurance coverage, you can maximize the compensation and recover faster. Always consult your accident attorney as soon as possible to increase your chances of timely and higher settlement.
