Compensation Recovery Process in Motorcycle Accident Case
Few things in life are more terrifying than a
motorcycle accident. When you've been hit by another driver, you're at the
mercy of the road, dumb luck, and whatever your own reactions can do to
mitigate the damage. Once the accident itself is over, you have a long process
of recovery ahead of you. Part of that recovery is making sure that you're
fully compensated for your medical expenses. If this process is new to you,
here are a few things to think about as you consider a personal injury lawsuit
as the result of a motorcycle accident.
Bias Against Motorcyclists
While prejudice against motorcyclists is
unwarranted, there are many people who simply don't trust motorcyclists. In
fact, juries may even be less likely to rule against a driver if that driver
was in an accident with a motorcyclist. It's for this reason that insurance
adjusters think they can give smaller settlements to victims of a motorcycle
accident, since it's unlikely the victims will do any better in court. This puts
particular pressure on you lawyer to put together an airtight case if you're in
this situation.
Damages
The expenses associated with some personal
injuries are relatively easy to predict. Medical bills and lost wages can be
calculated in advance to come up with a number that makes sense. However, other
important elements in determining damages are those associated with pain and
suffering. These are estimated mostly by using awards issued in similar
motorcycle accidents as precedent. Since every accident and jury is different,
there is a still a broad range of outcomes when trying to predict compensation
based on pain and suffering.
Determining Liability
For payments to occur, the defendant will
have to be found liable at trial for the motorcycle accident. The likelihood of
the jury's decision will have a direct impact on the anticipated damages. If
the plaintiff doesn't have much evidence, then the value drops. Even if the amount
of damages are high, if there is still a question as to whom was actually
responsible, it's probably worth the defendant's time to either take it to trial
or offer a lowball settlement. The fact that juries are at least somewhat
biased against motorcyclists also helps to depress the potential for a big
settlement to be delivered at trial.
The Impact of Insurance
Sometimes the insurance liability coverage
carried by the defendant will determine the amount of the settlement. Juries do
sometimes require the payment to pay damages beyond the defendant's insurance
coverage limits. However, if the defendant has no more assets they can
surrender, then the full settlement may be impossible to recover.
