Factors in Settling Cases Involving Motorcycle Accidents
As you make your decision to file a personal injury lawsuit or insurance claim after a serious motorcycle accident, one of the questions you’re likely to encounter is the potential value of your claim. This can be difficult to determine, as there are a number of unique factors affecting the value of motorcycle accident claims.
The following are some of the primary considerations:
- Bias against motorcyclists. Unfortunately, if you’re a motorcyclist, you know that many people have an innate distrust or bias against motorcyclists. Judges may be less likely to award large verdicts to bikers, and insurance adjusters are aware of this bias as well.
- Your damages. Like many other injury cases, the total value of your damages has a big impact on the value of your case. Your case’s value will take into account medical bills, vehicle damage and potential repair costs, lost wages or earning capacity and other damages. Less concrete damages like “pain and suffering” are more of a subjective calculation.
- Chances the defendant will be considered liable. The more likely the defendant will be considered liable in your case, the more the value of your case goes up because the defendant will be more desperate to settle out of court.
- Insurance factors. Settlements will likely not exceed the defendant’s liability limits on his or her auto insurance, meaning that your case’s value may depend on the insurance policy owned by the other party.
These are the four most significant factors in determining the value of most motorcycle injury claims, but there are others. If you’ve been involved in one of these crashes, consult an experienced Atlanta motorcycle accident attorney with McMenamy Law, LLC.