If you have been injured in a motorcycle accident, you might be wondering how much your motorcycle accident injury claim is worth. Like any personal injury case, there will be many factors to consider when determining how much your claim is worth.
Here are some factors that will be used to determine your settlement:
Liability: In order to have a case, you must first establish who is liable for your injuries. Was it a driver, or another motorcyclist? Or did a road defect cause the crash?
Likelihood of proving liability: If fault is questionable and the defendant is confident the jury will not likely find in your favor, they might be more willing to go to trial rather than settle. When it comes to motorcycle accidents, it is important to understand the bias against motorcyclists. Unfortunately, juries are usually unfavorable toward motorcyclists. This does not mean you couldn’t win a motorcycle accident injury case in court. However, it does mean it could be an uphill battle.
Amount of insurance available: If the defendant has few other assets, the settlement will largely be determined by the defendant’s insurance liability limits.
Calculating the damages: As with other accident injury cases, damages include special damages (medical bills, lost earning capacity, other financial losses) and general damages (pain and suffering, emotional distress). While special damages are fairly simple to calculate, general damages are more complex and can vary significantly from case to case.
Value of the case: In general, there will be two different values here: the trial value and the settlement value. The trial value is an estimate of what a jury will award the plaintiff if the claim goes to court. The settlement value is the amount you would be willing to settle for before going to trial. Because a settlement means both parties avoid going to court, this value is generally lower than the trial value.
If you have been injured in a motorcycle accident, don’t delay having your case evaluated by a personal injury attorney.
“Our firm has significant experience in representing victims of motorcycle accidents, and we will do all we can to ensure a fair settlement if you have been injured in a motorcycle crash,” said Attorney Walter Clark, founder of Walter Clark Legal Group.
Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in a motorcycle accident and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.
DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.
Our firm has been handling a variety of personal injury cases throughout the California High Desert communities for over 30 years. Here you will find a personal injury attorney who can help protect your rights and obtain compensation for your injuries.