Factors That Affect Motorcycle Accident Settlement According To A Renowned Personal Injury Attorney — Hometown Station | KHTS FM 98.1 & AM 1220 — Santa Clarita Radio
Motorcycle accidents are increasingly becoming common. These accidents can be traumatizing, draining, and frustrating. However, being involved in a motorcycle accident doesn’t mean the end of the road for you. With the right legal team, you can secure the best compensation and still lead a comfortable life. Plus, you must unleash the best negotiation skills if you want to secure the best settlement. However, the amount of settlement you get is based on a number of factors. The following guide is going to take you through the factors that affect the amount of settlement you receive.
Insurance Amount, Availability
According to the law, the amount you receive shouldn’t exceed the defendant’s liability. Thus, it’s important to check the liability of the defendant. It will give you an idea as far as what you expect from your lawsuit is concerned. It’s important to note that the jury can make a verdict that can exceed the liability of the defendant. In this case, the defendant might not be able to pay the amount. The best way to deal with this situation is to accept an amount that is equal to the defendant’s insurance limit.
The amount you receive as compensation from a motorcycle accident case is dependent on the evidence presented. Thus, if you build a strong case, you stand a chance of getting the best compensation. On the other hand, if there is insufficient evidence, then the judge might diminish the amount he/she awards you. So, if you want to get the best compensation for a motorcycle accident, think about gathering the right evidence. Take photographs. Document all kinds of evidence
The extent of Injuries Suffered
The judge will consider the extent of the injuries suffered. For instance, if your injuries are severe, the judge will award you more money. So, the judge will go through your evidence, determine the extent of your injuries before awarding you compensation.
The loss incurred can also influence the amount you receive as compensation. For instance, if the accident made you lose your job, the judge will consider it and award you better compensation. Even more, if you have lost your ability to walk, your compensation will be high. The bottom line is to prove before a court of law how the accident has led to the loss. This can be a financial or physiological loss.
What the Law Says
Each state has its law regarding compensation when it comes to motorcycle accidents. The same applies to different countries. These laws have limits when it comes to compensation from a motorcycle accident. Depending on your country or state, the law will be used to determine the amount of compensation you get.
How to Overcome Bias
Don’t let personal bias and preconceived judgment play a role when it comes to determining the amount of money you receive as compensation from a motorcycle accident. Everything should be based on evidence. It should also be based on what the law says. It’s also important that motorists are despised by many people. From ordinary people to even juries, there is a common destruct towards motorists. However, this shouldn’t be a basis for determining your case. But it can happen. In these cases, judges tend to award a low amount of compensation to motorists. Insurance adjusters have also borrowed this behavior. They tend to undermine motorists. That’s why they will do anything to lower your compensation.
The lawyer you hire has a direct bearing on the amount of compensation you receive after a motorcycle accident. An experienced lawyer will deliver more results than an inexperienced one. Also, hiring a lawyer with great negotiation skills will guarantee you more results. Thus, hire the right lawyer. Look at the experience before partnering with any lawyer. Don’t hire lawyers with poor ratings. They won’t deliver good results. In a nutshell, hiring the right lawyer like Accident injury lawyers in Princeton, New Jersey will get you more compensation.
Potential Value of Your Case
Any case should have its own explicit value. The value attached to a case will influence the amount you receive as compensation. The judge will guess the amount the defendant is willing to pay. He/she will make a judgment based on this guess. However, the extent of injuries will also influence the value. Plus, it will be based on who was at fault.
Defendant’s Liability Likelihood
Will the defendant be found liable? The probability of finding him/her liable will also influence the amount awarded as compensation. If the probability is lower, your compensation will be lower. On the other hand, if the probability is higher, your compensation will also be higher. If you have little or no evidence, your compensation will be lower. This happens irrespective of the extent of injuries. If you have little evidence, you will be forced to accept less compensation because you risk getting nothing during the actual trial. So, it is important to weigh your options. Know when to take your case to full rail. Weighing your option will eliminate the risks of disappointments.
Past Verdicts, Settlements
The judge will base his/her verdict on the past cases. Past verdicts involving motorcycle accident settlements will play a key role when determining the amount, you will pay as compensation. Thus, it depends on the precedence. The judge will go through past rulings before coming up with a good estimate. So, it depends on the amount awarded during the past ruling.
Tips for Getting the Best Compensation
Now that you understand the factors that influence the amount of compensation you receive, it’s time to learn how to maximize your settlement. Along those lines, here are tips and tricks you can use to increase the amount you receive as compensation.
One of the biggest elements of any motorcycle accident lawsuit is evidence. The evidence you presented before a court of law will determine the course of your lawsuit. Having strong evidence will also increase your chances of getting the right compensation. So, preserve evidence. Take photographs. If you have gone to the hospital, preserve the medical reports. Have all the medical receipts. Keep bottles of medicines you took. Take them to your lawyer. Do the same to receipts of physiotherapy sessions. Having all the evidence ready will help litigate your personal injury lawsuit better. It will also play a key role when it comes to fast-tracking your case.
Don’t wait. Seek medical attention in the shortest time possible. This will prevent the injuries from worsening. It will also speed up the healing process. If you cannot take yourself to the hospital, ask a friend to do it. You can also call your lawyer to arrange medical attention for you. Choose the right hospital. Go to a reputable hospital. In particular, choosing a hospital that specializes in multicycle accident injuries. Ask the doctor to conduct all the tests. From MRI to CT scans, carrying all these tests will assure you of your health.
Don’t Take Your Case to Social Media
Don’t talk about your case on social media platforms. Your insurance company can use this information to injure your case. For instance, if you post photos of yourself lifting heavy weights and you are under doctor’s instructions not to do it, your insurance company can capitalize on it to deny you compensation. Don’t post anything regarding your case on social media. Don’t post details about your case on any social media platforms. If you have to tell somebody about your case, it should be your lawyer.
Be Transparent with Your Lawyer
Your lawyer should know everything about your case. Tell him/her about your past accident cases. Tell your lawyer what really happened during the accident. Narrate how things happened. This will help your lawyer design the best defense for you. However, hiding information can complicate things. Worse still, it can see your case thrown out of court due to inconsistencies.
Be open With Your Doctor
Tell your doctor everything. Tell him/her about your past medical conditions. If you have ever been involved in an accident, tell him/her. Don’t hide any information from your doctor. He/she will write a report based on the information you provide. Hiding information can complicate your case. In fact, it can deny you compensation.
Follow Doctor’s Instructions
Medical attention is an important aspect of any motorcycle accident lawsuit Thus, follow the doctor’s instructions. If it’s medications, take as directed by your doctor. Don’t skip any therapy. Remember, your doctor will write a report regarding your recovery process. If you don’t follow doctors’ instructions, he/she will document it. Worse still, if you don’t follow the doctor’s instructions, the healing process may be slower. Your insurance company may use this to deny you the right compensation.
Don’t Give in To Your Insurance Company’s Advances
Insurance companies are notorious for digging information from clients. They can send people who will try to ask you about your case. This information will be used to deny you your rightful compensation. So, avoid talking to anybody about your case. If you have to talk, do it in the presence of your lawyer. He/she is your only legal representations.
Before going to court, prepare well. Do it in consultation with your lawyer. Make statements that are consistent. Know what to say and what not to say. Remember, you may face tough questions from the defendant. Proper preparations will help you get the most out of your loan.
Choose the Best Lawyer
Hire the best motorcycle accident lawyer to represent you before a court of law. Choose an experienced lawyer to represent you. Having a strong legal team will ensure that you get the best compensation.
Never Admit Responsibility
Don’t admit responsibility. Even if in a case of an obvious scenario, don’t admit responsibility. Leave it to the judge to decide. Your work is to document events the way they happened.
Burden of Proof
You have the responsibility of proving your case before a court of law. Thus, the burden of proof is on your side. Here, you should prove beyond doubt that the defendant is at fault. Here, you will be required to make submissions. In a nutshell, the person seeking damages has the burden of proof. Thus, have all the pieces of evidence required. Look for the right witnesses. Hire the best lawyers. Be prepared before going to court. Be confident about your case. Have patience when executing your case. To fulfill the burden of proof, you must substantiate the claims of any physical injuries. Additionally, you must prove that you have lost wages. You must also show all the evidence—including medical bills, photographs, as well as bring enough witnesses.
Evidence at The Scene of Accident
Of course, an accident can look small. However, the experience can be deteriorating. Thus, whenever an accident occurs, consider checking if the other passengers are ok. If there is an issue, call emergency medical assistance. Plus, don’t forget to call the police. Any motorcycle accident case requires documentation from a government official. That’s why calling the police is important. They will document the events and give a police report. Police reports are important pieces of evidence that can influence the course. Among other things, police will take photographs at the scene of an accident. Look at the condition of your motorcycle. Check the location of the accident. Check to see if there is any mark or debris on your motorcycle. If you can, take notes of the witness. Having witness statements is important. It will strengthen your case before a court of law.
Being involved in a motorcycle accident is one of the worst things you should expect in life. It can make your life miserable. From losing the ability to walk again to financial losses, a motorcycle accident isn’t a joke. However, with the right compensation, you can lead a better life. But how do you get the right compensation? Well, hire the best lawyer. Contact Davis, Saperstein & Salomon, P.C. for the best legal services. Additionally, employ the tactics that will get you the best compensation. The above factors can affect the amount you receive as compensation from a motorcycle accident case.
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