If you love riding your motorcycle, you probably know people that have been in motorcycle accidents. You just didn’t imagine that one day it would be your turn. And now it has, and you have suffered injuries and your bike is completely out of commission, needing a thorough overhaul. You are thinking about filing a claim against whoever is responsible for the accident but are trying to determine how much of a payout you might be able to receive if you do.
In order for you to have a strong case, it is necessary to prove that the party that hit you was negligent. If no negligence can be proven, your case will be worth very little. And it is always up to the plaintiff to prove that there was negligence.
Also, the injuries and losses that you suffered play a part in determining the value of the case. This means that if the other driver hit you but you were not injured or your bike was not damaged, even if you can prove that they were driving in a negligent way, you would have no case.
On the other hand, if there are injuries and losses but you are found to have been at fault for the accident, the other driver is under no obligation to pay you anything.
If things go the way you expect them to, and you do have a case, you may find that you end up receiving a settlement offer from the other party. This offer may be lower than what you might receive if you were to go to trial. However, many people opt for accepting the settlement offer, which is a firm offer, rather than going ahead with the trial and then ending up losing there. You know you are accepting a lower amount but you also know that you are eliminating the possibility of ending up with nothing.
In personal injury lawsuits, damages are divided into two distinct types. Those to whom a precise number can be attached also referred to as special damages, and others that do not work with exact calculations, such as loss of enjoyment of life or pain and suffering.
Under the special damages umbrella, you can place your medical bills, the amount of lost earnings now and in the future, should you be unable to return to work, other employment benefits that you will no longer be able to enjoy, and any other financial losses. Adding up these items will give you the exact amount of special damages. Keep in mind that it is much easier to calculate lost wages than to predict how much you might be able to earn in the future. For that purpose, your lawyer may call upon the expertise of an economic expert.
Other damages to which an exact amount cannot be attached are calculated according to the good sense of the jury, based on their background and experience.
Your personal injury attorney will be able to explain to you any points as they relate to motorcycle accident law and help you calculate as precisely as possible the damages in your motorcycle accident case.