After you experience a motorcycle accident, you may wonder how much money you could receive if you file a motorcycle accident case. There are many factors that go into how a settlement is decided. Attorneys can provide a guesstimate based on these factors because some are not as cut and dry as others.
Case Value A personal injury attorney will value the case providing a number that they think the jury may award the plaintiff or person suing. It is also the attorney’s job to find out what the plaintiff may accept. Overall, the case is evaluated based on whether or not the defendant is likely to be found liable and the extent of the plaintiff’s damages. Insurance Availability Keep in mind that a motorcycle accident case settlement will not exceed insurance liability limits. While the jury may pass a verdict higher than that amount, the plaintiff may not be able to collect over the insurance liability limits. The plaintiff may seek other ways to collect, but often the insurance is the primary way to collect even if the damages are provably higher than that amount. Defendant Liability The jury must find the defendant liable for the accident. The more evidence the plaintiff has available, the more likely the defendant will be found liable during a trial. If the fault is less clear, the defendant may take their chances in court rather than settling. The plaintiff may also decide to take their chances in court for a higher settlement when the fault is less clear. Plaintiff Damages Damages refer to the actual monetary losses from medical bills, damaged property or lost wages. These damages are concrete and easy to estimate. Others such as pain and suffering are more abstract and harder to calculate. Often these subjective damages are based on prior case awards. A motorcycle accident case averaged $73,700 from 1999 to 2006. However, larger cases settled for as much as $1,600,000. In addition to these factors, motorcycle cases come with inherent bias needing an attorney capable of handling the prejudice effectively.
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