Motorcycle Accident Lawyer
When you get into a motorcycle accident and it is the result of someone else’s negligence, your first thought is likely to your injuries: are they serious? Are they life-threatening? Should I see a doctor? Most motorcycle accident attorneys encourage all their clients to see a medical professional as soon as possible to ensure that they get the treatment they need and so that they can have the evidence necessary when they file a claim. After you get treated, you may be wondering what the best next steps are for filing a claim and how you can find out how much your claim is worth. There is no one-size-fits-all when it comes to compensation for your claim, but motorcycle accident attorneys can help you build your case and find the evidence you need to establish a value.
How do insurance companies value these claims?
When valuing motorcycle accident claims, there are two main things that an insurance company will consider:
- Who is Liable.
- What the Damages are.
Liability. Before anything can happen, we will need to establish who is liable for the accident. This is one of the most important things we can do because if you are liable for the accident, the other driver’s insurance will likely not want to pay for your damages. If we can prove that the other driver is responsible, we will have a stronger case.
Damages. Even if we prove liability (that the other driver was negligent and caused the accident), if there are no damages then there is no reason for compensation. So, if the other driver was not being careful and hit your car causing a massive dent in your door and a personal injury, then we would need to prove that these damages happened as a direct result of the accident.
Calculating Damages
When it comes to damages, you have two categories to work with. These are damages where you can calculate an exact number that the other driver’s insurance company should pay and damages where there is no exact calculation. For example, if you suffered from a broken rib from the accident, you and your attorney could argue that the insurance company should pay for exact damages relating to your medical bills and even for your paychecks if you are unable to work for a certain period of time. On the other hand, if you have damages such as pain and suffering, these are subjective types of damages that are much harder to calculate.
You will also likely have different expectations for the settlement value and the trial value. The settlement value is what you would hope to win if you and your attorney decide to settle instead of going to trial. This settlement would reasonably be lower than the trial value. Although you increase your chances of losing by going to trial, you can likely expect higher damages.
When you are submitting a motorcycle claim, you want to ensure you have the legal representation on your side that you can trust. Call a law office as soon as possible after your accident.
Source: Canoga Park Motorcycle Accident Lawyer, Barry P. Goldberg