What is a Good Settlement for a Motorcycle Accident Case?
What do you mean by the settlement process? The settlement is used as a term where you can resolute the case without a trial. It has been said that the settlement has the same effect as a trial decision.
If your case is solved with a proper settlement and the other party also agrees with the settlement amount, then the trial version is not needed. But always settlement is tough to the higher court as both parties can think that the final agreement as fraud decision.
In short, here you have a brief idea about these questions, and hopefully, you will enjoy through this article.
What do you mean by settlement value?
When someone is suffered by accident and have injuries or any property damages, then he can claim compensation to the court or the insurance companies. If the insurance companies agree to the amount, they will provide the amount to you. These whole terms are known settlement value.
The settlement process can occur in any stage if the parties agree on the terms which are acceptable to each of the party. Though the settlement term takes time to negotiate when it is settled, it will be benefited for both parties.
Settlement Value vs Trial Value
There are two types of valuation that are considered in the court; one is settlement value, and another one is trial value. When it is about a motorcycle injury case, then the victim has to remember these two valuations and will have to follow one.
The settlement value is much easier than the trial value because sometimes the trial version takes months or even years to get the final result from the court. But the question is how the trial value and the settlement are related to each other?
Suppose for a motorcycle accident you demand the trial value which is awarded for almost $20,000.00, but if you go for the settlement value, you will get $12,000.00. But there is a high chance that for the trial value it will take time to get the final result as it is time-consuming, but the other party is considerable for the settlement value.
You are fighting for the trial value case because you want to punish the other party or there are other benefits you will get from this accident case, or you want justice from this case, but if you think wisely then settlement value is far way better than the trial value as the other party agrees on your terms and conditions. So, if you settle down the case, it will be helpful to avoid the risk of losing the trail value.
What is an average settlement for a Motorcycle Accident?
A motorcycle accident is too much devasting than a car accident. Some reports show that in a motorcycle accident, almost 25 times people die daily than a car accident. Some common injuries are:
- Head injuries
- Limb injuries
- Nerve damages
- Joint injuries
- Damages bone
Without these, you will have to face physical and mental disabilities after a motorcycle accident which is riskier than a car accident and also this effect in long term conditions. In this case, you will have to ask for higher compensation from the insurance companies to recover your health. Your settlement claim will be depended on:
- What you have suffered from the accident
- Damages what you will face in the future
- Your strong evidence which is provided in the court
- At-fault Driver’s financial condition and mental condition
Major factors which affect the accident compensation
There are some major factors which help to determine the motorcycle accident compensation. These factors help to get the settlement amount which is claimed during the case. Your personal injury lawyer will help to calculate your losses and will provide those documents in the court. These factors are-
- Pain and suffering
- Medical expenses
- Loss of income
In these cases, your settlement will be calculated by your injury lawyer. If it is the case of pain and suffering, then your lawyer will review your case by matching with the previous one, and then they will entitle it.
Moreover, if the case is about injury case and it is long term or permanent injuries, then the settlement amount will be high. Suppose in a motorcycle accident you have lost your leg which is considered as disabled injury then there will be an additional settlement for the victim.
The settlement amounts are enlisted for:
- Expenses of medical treatment
- Physical therapy for future
- Costs for medicine which you need to reduce for your pain
- Will provide rehabilitation which is required to get out of this accident trauma.
How are the damages for the Motorcycle Accident case calculated?
This calculation is divided into two categories;
- One is special damages and
- Another one is the calculation for pain and suffering
What is special damage? In special damages earning capacity, disability of the victim, medical bills, and other financial losses are included. After an accident, if the victim lost his earning capacity and he has to face severe financial losses, then the insurance companies and the court will have to be serious about this issue. They will consider the victim statement and will value them prove also.
Pain and sufferings have no guidelines to determine the settlement amount. Even a jury will fail to count how much it should be calculated the number of damages. In that case victims and other party’s background, accident details, and experience are regulated while determining the case.
How to calculate Lost Learning and Future Lost Earning Capacity
It is easy to calculate to past earning details with the employment benefits which is being lost in the accident, but it is difficult to estimate the future earning details. To handle your case, you need a lawyer who is experienced in economic who will judge both of your past, present what will be your future earning and then will discuss these about the jury.
Sometimes your injury lawyer will have a detailed discussion with the economics experienced with the jury to have a brief conversation about the motorcycle accident case.
Settlement Consideration in a Motorcycle Accident Case
If you face a motorcycle accident, then the court and the insurance company will help to support each, and every compensation claim of the injuries, pain, and suffering and also the lost earning capacity. But before going to a settlement, you need to gather some information for the motorcycle injury settlements. These are:
Proving Fault with a Traffic Citation
The personal injury lawyer has to prove that the fault to other Driver that’s why he needs to collect all the documents and evidence to confirm it which will bring your case stronger. But if the faulty Driver shows that for the traffic citation that accident has taken place, then the evidence will prove directly to the negligence. This negligence will help to get the settlement compensation directly.
Was the at-fault Driver is weakened?
If the at-fault driver is already weak in the accident case which is filed in the court, then there is a high chance to get a decent settlement. But it is easy to claim the settlement than the trial value in the court.
But what do you mean by weakened of the at-fault driver? When drivers drive the vehicle while drinking alcohol if he has poor eyesight and sleep deprivation than drivers are considered as faulty for the accident.
Insurance Policy Limitation
Every insurance company has its limitation and coverage. So, it should be kept in mind that the settlement amount should not be exceeded this limitation and coverages. Otherwise, it will be challenging to get the amount in the court and especially if there is another amount to offer.
Though a personal injury lawyer will always there for the party to get the best compensation amount from the court and the insurance company.
If you are partially blamed for the accident
It should be kept on mind that if you are partly blamed for the accident, then the court will reduce the amount of the settlement amount for you. Sometimes there will be confusion n the court whether you should get the amount or not as you are also partially blamed for this accident.
Injuries, Pain, and Sufferings
If the damages are long term condition, then you need to receive a high amount from recovering from your pain and suffering. Your compensation amount will be based on your injuries, and it is justified also. Your medical bills, rehabilitation cost, and other expenses also included in this compensation. If you even lose your earning capacity, then this should be included in this claim for your safety.
It should be kept in mind that insurance companies won’t support you all the time. Your injury lawyer will always assist you in your well-being to get the best compensation for your pain and suffering. So, we hope that after reading this article, you achieve the best settlement after your claim in the court.