Being in a motorcycle accident is a very scary and traumatic experience. When you choose to ride a motorcycle, you know that you are taking a huge risk. The same way that people put themselves at risk by driving, those who ride a motorcycle are doing the same thing, but increasing their chance for something potentially dangerous to happen to them. If you have gotten into a motorcycle accident, you might be wondering how much your potential personal injury claim might be. There are several common factors to evaluate when coming to a conclusion or estimate.
When evaluating your case, there are two important aspects to consider. That would be liability and damages.
Liability refers to whose fault the accident was. In cases like this you are trying to prove that the other driver involved was the one who was negligent. It might be the case that there is no liability. Neither party involved was considered negligent. It's often very difficult in these court cases to prove that the other party involved was acting reckless and carelessly.
Damages will have to do with the damage done to property or harm done from injuries. This will put focus on how you have suffered since the incident. The more serious and damaging the injury, the more compensation that you will receive. Both damages and liability work together to affect the value of compensation that you could earn. It's very simple. If you did not get hurt in the incident and you did not receive damage to your property, then you do not have a case. If you had suffered serious damage both physically and to your property, and if it was the other driver's fault, you will receive substantial compensation. If you were damaged in an incident, but it was your fault, it is likely you will receive little to no compensation.
It is definitely important to consider a settlement value vs. a trial value. A settlement value is going to be much lower than a trial value. This amount is lower because you are avoiding turning the case into a longer trial, where you might have a risk of losing. The amount that you think you could obtain as a trial value may be high, but you should only go through with that if you think you have a high percentage of winning.
Damages in a personal injury case are divided by two types. One of those types is damages capable of exact calculation, and the other is damages not capable of exact calculation. If you are trying to calculate your loss of earnings, all you simply need to do is add up your earning and employment benefits lost from not being in work.
There is definitely a lot to consider when you are trying to earn compensation from a personal injury motorcycle event. You are definitely going to want to get a good personal injury lawyer. Palacios Law group can help!