Motorcycle Accident Settlement
Motorcycle Accident Settlement
When considering a motorcycle accident settlement, there are 2 basic questions:
1. Do You Have A Claim For Injuries That You Suffered In A Motorcycle Accident?
First, you must have a valid claim for either personal injury or property damage. If you do not have a valid claim, there is nothing to settle.
All personal injury lawyers will tell you that whether or not you have a claim for motorcycle accident injuries depends on the facts of your specific situation. Often the facts are clear. For example, the other driver didn't see you on your motorcycle, hit you, and you were injured.
However, in many other situations, it is not clear whether you do or do not have a claim for your injuries. Perhaps both you and the other driver think that you each had the green light. In these cases, you need to talk with a lawyer because you will have to prove that the other driver was legally at fault.
Experienced personal injury lawyers can easily tell you if you have a good, bad, or "iffy" claim. Personal injury lawyers are trained to apply the specific facts of your situation to the legal standard of duty, breach of duty, causation, and harm. Because every motorcycle accident is different and the law has to be applied to the specific facts of your case, it is impossible for any website to render a opinion as to whether or not you have a personal injury claim. Be suspicious of any website that says otherwise.
2. If You Do Have A Valid Claim, What Is A Fair Motorcycle Accident Settlement?
To be honest, it is impossible to tell exactly what your motorcycle accident claim is worth. There are a number of factors that come into play when trying to determine the amount for which you should settle.
For minor claims such as where you are sore (these are often referred to as soft tissue injury claims) and have fairly minor medical bills, many personal injury attorneys and insurance adjusters multiply the actual dollar amount of the medical bills by 1.5 to 3 and then add the amount of the loss wages. This gives a range for the value of your claim.
For example, if you have a $1,000 medical bill and loss wages of $600, then the value of your claim may be between $2,100 ($1,000 x 1.5 = $1,500 + $600 = $2,100) and $3,600 ($1,000 x 3 = $3,000 + $600 = $3,600). Most insurance adjusters will settle for an amount within this range, if there are not any unusual facts in your case and there is clear liability on the part of the other driver.
In cases where your injuries are much more serious such as cases where you suffer broken bones or disfigurement, the above formula does not apply and it is more difficult to estimate the amount for which you should settle your claim for injuries from a motorcycle accident.
In addition to the type and severity of injury that you suffered, the value of your personal injury claim is affected by (1) how clear is the liability of the other driver, (2) whether or not there are extenuating circumstances, (3) how much insurance coverage is available, (4) state laws, (5) where in the US the car accident occurred, (6) how good of a witness is the other driver, (7) how good of a witness are you, and (8) other factors. Again, for more than minor motorcycle accident claims, you need to talk with a personal injury lawyer licensed in your state. As you can see, motorcycle accident settlements depend on a lot of factors and you need advice from a lawyer trained to consider and evaluate all of the factors.
With reference to damage to your motorcycle, if the other driver is a fault for the accident, you are entitled to have your motorcycle repaired, to have alternate transportation while your motorcycle is being repaired, and to some loss of value of your motorcycle (wrecked motorcycles are not worth as much as never wrecked motorcycles), or if your motorcycle is "totaled", you are entitled to the fair market value of your motorcycle. The same as with personal injury, a motorcycle accident settlement for property damage can be and is affected by whether or not the other driver is clearly at fault or if there is some question as to who is at fault for the accident.
The above is general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.
To learn more medical malpractice information, see Motorcycle Accident Settlement homepage and articles. Be sure to check out our articles on whether or not you need a lawyer to handle your motorcycle accident claim, what everbody ought to know about motorcycle accident settlements, especially about a motorcycle accident attorney, and how motorcycle accident claims are handled when there is either no insurance or too little insurance.
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