If you have been involved in a motorcycle accident, you will be concerned with the value of your motorcycle settlement. Many factors affect how much you will receive for damages suffered after a motorcycle accident in Bakersfield. Below is an overview of the factors to consider for your motorcycle accident case.
Factors To Consider For Motorcycle Settlement
If another driver’s negligence has caused your accident, you start up your case by determining liability. The next concern will be how much damages you have incurred as a result. You can consider both concerns as follows:
- Liability: Your case will be worth as much as you can prove that the other party was negligent enough to cause your accident. In case you also were negligent in your accident, you will also be blamed and may receive less compensation. Since California is a pure comparative negligence state, you will be compensated according to the degree of your fault.
- Damage suffered: This has to do with your physical injuries and also the damages to your motorcycle. If you were severely injured, this would usually mean a higher settlement value. The insurance company considers many factors in any given motorcycle accident in an attempt to come up with a figure for settlement or verdict. Remember that motorcyclists are always believed to be in the wrong. So, when arguing your case with the insurance company, you will need to have an experienced lawyer help you overcome such prejudice.
Calculation Of Damages
Whether you settle or take your case to trial, your settlement will be based on:
- Compensatory damages. These are damages that have a quantifiable value. They may include your lost wages, medical expenses for your injuries, future lost earnings, etc. The insurance company adds all your expenses to come up with the dollar amount. Unfortunately, things such as future lost earnings and future medical bills may not be easy to calculate; you may require an experienced motorcycle accident lawyer who understands the right concept to apply.
- Non-economic damages. These don’t have an easily quantifiable value. For instance, if you were injured and this has affected you emotionally, you have a right to get compensated for pain and suffering. For such damage, the jury must decide on their own how to value your emotional damages. That’s why it’s vital to have a lawyer represent you.
The Bottom Line
The jury is usually the one to decide what they think would be fair in your case. Settlements can only be made if what you may be willing to accept and what the defendant is willing to pay to settle the case meet somewhere in the middle. This will be easier if the defendant is proven to be fully liable for your motorcycle accident.
But all this will depend on what injuries you suffered and how this has affected your normal life, as well as any property damages. Where your damages may exceed the defendant’s insurance coverage limit, you may not get your verdict amount. However, your lawyer can advise you on whether to accept a settlement amount equal to the defendant’s insurance coverage limit.
Your lawyer is better positioned to advise on how much your case may be worth with regard to the cases previously handled either through settlement negotiation or lawsuit depending on your jurisdiction.