The Factors That Affect the Settlement Amount in a Motorcycle Accident Case

The Factors That Affect the Settlement Amount in a Motorcycle Accident Case

In the US alone, over 5,000 motorcycle accidents occur each year. A good percentage of the accident victims ended up as fatalities, while the lucky few escaped with little to no injuries.

San Antonio motorcycle riders are not excluded from the dangers of being on the road. This is why motorcycle accident cases are the rave every season.

San Antonio motorcycle accident lawyers can help you understand all that you need to know about these cases before you even file a claim.

Contents

This article focuses on the factors that influence the compensation that the victim of a motorcycle accident can receive for all the damages they suffer.

What’s a Settlement?

If you’ve been involved in a motorcycle accident, you’ll most likely be seeking compensation for your damages.

There will be a meeting where the person who got hurt (that’s you, the plaintiff) and the other party, usually the one at fault (that’s the defendant), try to agree on a certain amount of money without going to court. This is called a settlement. But getting to a fair and agreeable settlement can be complicated.

Understanding how much money you might get after a motorcycle accident can be tricky because each case is different. But there are some important things to consider that will affect the amount you could receive.

Factors That Determine How Much You’ll Get In The End

Here are a few factors that affect the settlement amount in a motorcycle case:

The sole fault of the other party

Determining fault is usually a very crucial factor for accessing liability and calculating due compensation. If the other party is solely at fault, your case becomes stronger. You’ll have a higher chance of proving to the judge or jury that you deserve all the compensation you’re asking for.

However, if the defendant’s attorney can prove that you both share the liability, they may not be very sympathetic to your case. You may even be asked to pay a certain amount of compensation to cover the joint damages you both caused. Sometimes, it won’t even matter if you have the worst injuries.

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The severity of your injuries

The extent and severity of your injuries play a direct role in determining the value of your claim. If you have more severe injuries, you’ll automatically be subjected to longer recovery periods and more pain and suffering. Your attorney can use all of this as convincing evidence to turn the odds in your favor.

Also, if there are any permanent injuries or disabilities, you might be entitled to higher settlements due to the cost of ongoing medical care, rehabilitation, and the impact on your quality of life.

The Factors That Affect the Settlement Amount in a Motorcycle Accident Case

Expenses Spent due to the incident

Your attorney will gather a comprehensive list of receipts for all the expenses you’ve sustained due to your involvement in the accident. The medical costs incurred as a result of the accident, including hospital bills, surgeries, medications, and rehabilitation, are significant factors.

In some cases, the expenses extend beyond medical bills to property loss or even lost wages. Whichever the case, your attorney will gather proof of all expenses and use them to boost your claims for compensation.

Number of defendants

If there is more than one party at fault, the court may order a distribution of responsibility. Each of the individuals will be assigned a specific amount to pay. This can sometimes complicate the process, as each party’s defense team will try to exonerate their client and reduce their assigned amount with appeals and counterclaims.

Wrapping Up

The laws are not always fair to motorcycle riders involved in accidents. Due to the stigma of recklessness surrounding them, it’s usually difficult for these riders to get justice when involved in accidents.

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Whichever of these factors are at play in your case, hope that you do not run into jurors who are biased against motorcycle riders.