If you’ve been involved in a motorcycle accident and plan to hold the negligent party accountable, you may be wondering how much your case is worth. Every motorcycle accident claim will vary in compensation, but there are common factors that impact their value. For more information about your particular claim, contact Ramsey Law Group today.
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Factors Involved in Settlement Value
Motorcycle accident cases can involve dozens of factors that influence the final settlement or jury award. The most common are:
Liabilityand Strength of the Case
Liability is another word for fault. If there is enough evidence to support your claim that another party is liable, it can exponentially increase the value of your claim. On the other hand, if evidence of the other party’s liability is weak and you were mainly to blame, your claim may not be worth pursuing. Giving an insurance company a recorded statement can ultimately reduce your compensation. Many insurance adjusters use recorded statements to trip up claimants and get them to say things that will hurt their claim. Texas is a modified comparative negligence state. That means your percentage of fault will reduce your compensation. If you are more than 50 percent to blame, then you cannot recover any compensation.
Damages directly impact a motorcycle accident case’s worth. The more severe your injuries and other losses, the more value is added to your claim. Damages are intended to put victims back into the same place or condition they were in before an accident. The court will consider:
The type and severity of your injuries.
Are any of these injuries pre-existing, and if so, were they made worse?
Are any of the injuries permanent?
Amount, type, and cost of medical care you have received.
Amount, type, and cost of medical care you will need in the future.
Are there any gaps in treatment, and if so, why?
When will you be able to return to work?
Any restrictions on daily life activities
How has your life been impacted?
Has your spouse suffered?
Have your children suffered?
There is no claim without injuries or financial losses.
It’s not enough to assert that your injury must be compensated for. There must be documentation to prove your injuries are a direct result of the motorcycle accident caused by the at-fault party. If you did not seek medical care immediately following the accident, the insurance company can fight causation.
Settlement Value vs. Trial Value
A settlement can save you a significant amount of money in legal costs and court fees by avoiding trial. However, the settlement value of your motorcycle accident case will typically be smaller than the amount of damages you can be awarded in court. The trade-off is you avoid the risk of losing by jury decision. Trial value is the amount of damages your attorney expects your case to be worth if tried in court.
An experienced Houston motorcycle accident lawyer can evaluate your claim, the available evidence, estimate its worth, and advise you on the risks of a settlement vs. trial.