Motorcycle accident victims are understandably worried about money, and they can discuss these concerns with an attorney during a free initial consultation. They want to know whether they can get money after a motorcycle accident and how much they deserve. A legal case has many potential outcomes, and your lawyer will fight for the best possible one for you. You need an attorney by your side to get top dollar for your injuries.
If you have suffered an injury in a motorcycle accident, you should immediately hire an motorcycle accident lawyer in Dallas to handle your legal case.
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No “Average” Amount of Money Should Control Your Case
Your situation is unique when you have suffered a motorcycle accident injury, and you should not compare yourself to a nameless and faceless plaintiff who you do not know and will never meet. Their circumstances may be completely different than yours, and there may be reasons why they got less money and you deserve more. If you focus on them instead of yourself, you can receive less compensation.
Insurance companies certainly know about average settlements in motorcycle accident cases. They will try to use this number to their advantage in negotiations. When they offer you what they claim is an “average” payout, they may even say this is the best settlement you can get. The truth may be that you are legally entitled to double or triple what they offer you, and they are trying to avoid paying you that amount.
Knowledge Is Power in the Legal Process
Knowing how much you are due in a motorcycle accident settlement or award is the key to your case. Knowledge empowers you when you are across the table from an insurance company that already has the information at its disposal. If you do not know what your case is worth, you will end up with the short end of the stick, and the insurance company will happily sign the settlement agreement.
It can be challenging to know what you should receive in compensation. Not only are you dealing with physical injuries, but you are not familiar with the legal process and how elements of your damages are valued. However, your motorcycle accident lawyer knows how to value your claim, which is a large part of their service.
How Your Lawyer Learns the Size of Your Motorcycle Accident Case
To learn how much your claim is worth, your lawyer will work with:
- Medical experts
- Economic experts
- Life care planning experts
- Vocational experts
A lawyer will need to do a fair amount of work at the outset of your case to gather evidence about your damages and put you in a position to meet your burden of proof. This calculation requires research and analysis because the insurance company will challenge it in the future.
Your lawyer may also need to wait until you reach the point of maximum medical improvement to come up with the final calculation of your damages. At this point, your condition has stabilized, and further treatment will not make a difference. Then, you will know what your prognosis is and what the future may hold for you.
You Are Entitled to Full Payment When Someone Else Was to Blame for the Accident
Regarding your personal injury damages, the responsible party must pay you for all the harm they have done to you. The one moment of the motorcycle crash can impact your life in many ways, both in the present and future, and your injuries will hit your pocketbook hard. They will also change your day-to-day life experience, especially compared to what you lived with before the accident.
Calculating Your Motorcycle Accident Damages
There are two major categories of damages in a motorcycle accident case:
- Economic damages compensate you for the actual financial losses caused by the motorcycle accident.
- Non-economic damages pay you back for the ordeal you have endured since you suffered an injury.
While you may be closely familiar with punitive damages, these rarely occur in a motorcycle accident case. If you settle with the insurance company, it will not pay punitive damages. The only way that you can receive punitive damages is if your case goes to a jury. Punitive damages are uncommon in any motor vehicle accident (except truck accident cases).
Economic Damages in a Motorcycle Accident Case
Economic damages will begin with the medical costs necessary to treat your injury. You have likely already spent money on medical care, and you (along with your health insurance provider) will get reimbursed for these costs. The insurance company and your doctors may have a lien against your settlement, which allows them to receive payment first. You can also get financial compensation for your future medical bills, and your medical prognosis now will determine how much you may need to spend. You need to get this calculation right because you do not want to spend most of your settlement check on doctor’s costs.
You can also get payment for the income that you would have earned from work. Your lost income comes from what you could have made in the future had you been able to work fully. Your career may have been on an upward trajectory, and you may have received even more money after promotions. You can get compensation for the income you did not earn before the settlement and future lost income. The insurance company will undoubtedly challenge these claims.
Non-Economic Damages Are Subjective and Difficult to Value
Non-economic damages are a complicated part of your case. They are subjective and rely on your narrative about what you have gone through and the description of your symptoms, which can be challenging to prove.
Non-economic damages are supposed to be individualized. They depend on your own unique experience, and the damages should include:
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Depression and anxiety
- Emotional distress
You may not respond to motorcycle accident injuries the same as someone else. For instance, if you are a younger accident victim and you had a more vigorous life before your injuries, your loss of enjoyment of life damages should be higher than those suffered by an older motorcycle accident victim.
You Will Often Fight About Non-Economic Damages
Insurance companies will avoid hearing what you have to say. If they listen to you and your own story, it may cost them more in a settlement, which is the last thing they want. Insurance companies have convinced people that their calculation formula, the multiplier method, should govern how your pain and suffering damages are determined. In the meantime, your lawyer is fighting to tell your unique story because your experience should determine how much compensation you receive.
You Have Some Control Over the Size of Your Payout
The amount of your settlement depends on you and your lawyer, and you have to fight for every dollar you deserve. The insurance companies will make it difficult for you to get anything, and if they make things seem more manageable, you must be suspicious of the potential catch.
Negotiation is essential in every motorcycle accident claim, and the insurance companies will act like any negotiator. They will start with an offer that gives them room to negotiate in the future, likely by a significant amount, and will be far off from what you may ultimately get. However, your ability to receive more depends on recognizing a low settlement offer and saying no to an offer that does not fully pay you for an injury.
It is hard to say how much more your final payment will be than the initial settlement offer. The only certainty is that your settlement will likely be much higher, and you will only reach this final amount by negotiating with the insurance company.
Your Lawyer Fights on Your Behalf During the Negotiation Process
If the settlement offer is less than you are entitled to, your lawyer will say no on your behalf and tell the insurance company to do better. An attorney will likely counter with your figure, leading to continuing negotiations. Eventually, you and the insurance company may settle on a specific number, which is how motorcycle accident settlement accidents work.
You may wonder why insurance companies have any motivation to raise their initial settlement offer. Because they represent the responsible party, they must defend their policyholder, and they want to avoid a lawsuit. If the policyholder ends up on the hook for extensive damages after failed negotiations, the driver may sue their insurance carrier in a bad faith claim. In addition, the insurance company fears what a jury may do when deciding a case. Juries are human beings with emotions instead of being driven by the bottom line and an army of actuaries.
What May Affect the Size of Your Motorcycle Accident Payout
In the end, the size of your motorcycle accident settlement may depend on several factors that can include:
- How much insurance coverage the responsible driver had to pay for your injuries
- Whether the responsible driver has assets of their own to cover what the insurance company cannot
- Whether you have underinsured motorist coverage to cover any shortfalls not covered by the driver’s insurance policy
- How hard your lawyer fights during settlement negotiations with the insurance company
- Whether you settle your claim or a jury decides how much you are due
Your Motorcycle Accident Lawyer Helps You
While the value of your claim should remain unchanged, you have a fair amount of control over the size of your motorcycle accident payout. You can make mistakes that lead to you getting less money than you deserve. Conversely, letting an experienced motorcycle accident attorney handle your case can put you in a stronger legal position to get more compensation. Your lawyer knows how to fight, and that is a language that the insurance company will understand. Large companies try to be opportunistic but operate out of fear and worry that your case can hit their bottom line hard.
You should hire a lawyer right after your motorcycle accident. If you are not in a position where you can contact and retain an attorney, your family should help you. The longer you go without a lawyer, the more your legal rights can be in jeopardy. An attorney will get to work, launching a full investigation of your motorcycle accident. They will take the fight to the insurance company when you are ready.
How Much Does it Cost to Hire a Motorcycle Accident Attorney?
You may wonder if it's worth hiring an attorney to handle your case due to the cost. One of the concerns that often comes up is the cost of hiring a motorcycle accident attorney. While each case is unique and costs can vary, most attorneys handling motorcycle accident cases work on a contingency fee basis.
A contingency fee means that the attorney only gets paid if they are successful in recovering compensation for you. This model allows more accessibility to legal representation, especially for individuals who cannot afford the upfront costs of hiring an attorney. When you work with a motorcycle accident attorney on a contingency fee basis, you don't have to worry about paying upfront expenses, hourly rates, or retainers.
A contingency fee means your lawyer will receive a predetermined percentage of your overall settlement or award. The exact percentage may vary depending on the complexity of your case, but it will still leave you with enough money to cover your losses and provide financial support. This alleviates your financial concerns and provides legal representation without requiring you to pay anything out of pocket.
Consult a Motorcycle Accident Lawyer Today
Now that you know it costs nothing to consult a personal injury attorney and hire them to start representing you, do not wait to schedule your free case evaluation with a law firm near you. They can listen to your story and advise on how much you might expect for your insurance payout. This can give you peace of mind knowing you might have financial support for the future following your injury.