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Accidents always lead to harrowing experiences and can alter your life forever. This is especially true in motorcycle accidents where the rider is exposed to much greater danger than other motorists. Recovering the compensation for the damages a victim incurs offers some relief to them and their families. But do you know how much compensation you should demand and will it be enough to cover all the damages you incurred? This blog will shed light on all the factors that impact a motorcycle accident claim value. Although all motorcycle accidents are different and all claims differ in value, the blog will help you understand the different losses you can file a claim for and any factors that could hurt or prevent you from receiving compensation. Of course, the best way to get an accurate assessment and evaluation of your claim’s value is by consulting a professional motorcycle accident attorney.
Numerous factors decide the worth of your motorcycle accident claim even before you go for a settlement or a trial. Some of the most important factors that influence the value of your claim are:
The damages you incur are directly proportional to the value of compensation you can demand. Therefore, the larger the extent and severity of the damages, the larger the compensation the at-fault driver will be liable to pay. Generally, damages are divided into two categories:
These are straightforward and tangible losses that a victim incurs. In other words, you can accurately calculate the compensation you are entitled to receive for these damages. The category covers the following losses:
These are intangible damages that are difficult to quantify and calculate. The value of these damages depends on subjectivity and opinion. These damages include things such as emotional suffering, pain, and loss of companionship. Because there are no specific guidelines or charts for juries and judges to refer to, non-economic damages are difficult to calculate.
You may or may not be entitled to receive these damages depending on the extent of carelessness shown by the at-fault driver. Typically, victims are rarely awarded punitive damages. Instead, these damages are awarded to deter the at-fault driver and other drivers from reckless driving and other reckless behavior that could endanger the lives of others.
Another important factor that greatly affects the value of a motorcycle accident claim is proving the at-fault driver’s liability. Proving liability is crucial to recovering compensation. If you fail to do so, your claim will not be worth much. Legally, the burden of proving that the at-fault driver was negligent falls on the plaintiff, the person bringing the motorcycle accident claim to court. Additionally, the value of your claim is also impacted if you are found to be even partially responsible for the occurrence of the accident.
A motorcycle accident claim has two types of valuations: a settlement value and a trial value. The settlement value of a motorcycle accident claim is the one that you settle for after negotiating with the other party to avoid the risk of losing a trial. Therefore, a motorcycle accident’s settlement value is always less than the trial value.
On the other hand, the trial value of a motorcycle accident claim is what you expect to recover fair and square for all the damages you incur. However, there are chances that you may end up losing a trial and recover nothing from the litigation.
The best way you can know your motorcycle accident claim worth is by getting your case evaluated by an experienced attorney. Seasoned motorcycle accident lawyers have handled various cases and can give you an accurate estimate of your claim value, leveraging their knowledge and experience. Contact a motorcycle accident attorney if you or your loved one has been in an accident recently or in the past and ensure you get the maximum compensation for your damages.
