Factors That Influence Compensation in Motorcycle Accident Cases
How much you can recover after a motorcycle accident depends on numerous factors. For instance, a person who sustained a life-changing injury may get more compensation compared to a rider who was left with a few bruises.
If you are pursuing compensation after a crash, below are the factors that will affect the value of a motorcycle accident claim.
1. The Severity of Your Injuries
The more serious your injuries are, the higher the potential compensation. Scrapes and minor bruises typically result in relatively lower medical bills. However, if you suffer something more traumatic, like broken bones, a spinal injury, or a TBI (traumatic brain injury), your claim becomes more significant.
As mentioned, long-term injuries that cause permanent damage or disability increase the overall value of the case. When it comes to recovering damages, the law considers the pain you’re experiencing, the cost of treatment, and how the injuries will affect you in the future.
2. Medical Expenses and Amount of Care You Need
Medical treatment in the U.S. is very expensive. From ambulance rides and emergency room visits to surgery, follow-up care, and physical therapy, these costs can quickly pile up. Your compensation will reflect this.
In case you may need the treatment or surgery in the future, these costs will also be taken into consideration in your compensation. The longer and more extensive your recovery process is, the greater the amount of money you will be able to receive.
3. Time Away from Work
Lost income increases your financial losses. For instance, your injuries may force you to take time off work. In severe cases, you will not be able to return to the same type of work. For instance, a spinal injury can leave you with long-lasting back pain that makes it hard to return to a job.
Compensation often includes wages lost during your recovery. You can also recover compensation for a reduced ability to earn a living in the future.
4. Who Was at Fault
Liability is a major factor in any accident claim. If the other driver was at fault, your chances of receiving full compensation are higher. However, many states employ the comparative negligence doctrine, which takes into account both your actions and those of others when determining compensation.
In the cases of comparative negligence laws, all compensation will be reduced by that percentage when you are shown to be, at least, partially responsible. In modified comparative negligence, you will be entitled to recovery only when the fault lies less than 50 percent. Contributory negligence states make the situation more difficult because you are not entitled to compensation, no matter how small the percentage that you may have contributed to the accident in question. This is why it is quite significant to describe the scene and to collect the evidence.
5. How Strong Is Your Case
The greater the amount of evidence, the stronger your case will be. A difference can be made with police reports, medical records, witness statements, and any other evidence. The same applies whether or not an attorney is involved.
An experienced motorcycle accident lawyer can help you avoid common mistakes, negotiate with insurance companies, and present a strong case. This can lead to a higher settlement.
Conclusion
Motorcycle accidents are not the same as other accidents, and the amount of compensation you get depends on many factors. If you have been injured, don’t risk trying to handle the case alone. Talk to a lawyer who will help you push for what you deserve.