If you are seeking damages after being involved in a motorcycle accident you may have questions about what your motorcycle accident claim worth is. You may be entitled to compensation for economic and non-economic damages. Understanding who is liable and how to calculate certain losses can help you retain peace of mind during this process. A motorcycle accident lawyer can answer any questions you may have about your specific case. 

Taking Liability and Damages Into Account

When it comes to a motorcycle accident claim, the at-fault driver is liable for damages. Liable essentially means legally responsible. In order to prove liability in a motor vehicle accident claim, the injured party must prove the other driver was negligent. If negligence cannot be proven then the claim may be worth little or nothing. However, if negligence can be proven through sufficient evidence, then the at-fault driver may be responsible for a portion or all of the damages caused by the collision.

motorcycle after an accident, What is my Motorcycle Accident Claim Worth

To prove liability the plaintiff may present various forms of evidence from the scene of the accident. This could include police reports, witness statements, photographs, or video evidence from dash cams or surveillance footage. 

When filing a settlement claim, the plaintiff may sue the defendant for any damages incurred. This includes economic damages and non-economic damages. Depending upon the circumstances of the accident, they may be awarded partial or full compensation. Because every incident is different, the exact amount of money varies greatly. Factors like the value of the motorcycle, the injury type, and the length of the medical treatment plan are taken into consideration when establishing settlement value. A severe injury like traumatic brain injuries, permanent injuries, and spinal cord injuries are more costly than minor injuries like broken bones and therefore can receive higher compensation.

Settlement Value vs. Trial Value

When pursuing a personal injury claim, you must never take the first offer from an insurance company. The insurance company wants to pay you as little as possible. If you accept their first offer without seeking legal representation, you may lose out on a lot of money. 

FAQ: What to expect from personal injury mediation?

When entering the legal process for a motorcycle injury claim, you must understand the difference between a settlement value and a trial value. A settlement value is often much lower than a trial value. This is because a settlement is an agreement that avoids trial. If the case goes to trial, you could potentially lose. Conversely, the trial value is higher because going to trial is costly and a higher value may influence the at-fault party to agree to the settlement value. 

Essentially the settlement value is the reasonable amount you would accept to avoid trial and get the whole ordeal over with. The trial value is what it would be worth to put yourself through the lengthy legal process. 

How are Damages in a Motorcycle Accident Case Calculated?

Damage is a broad term used to denote any losses caused by an accident. These losses are split into two categories, economic losses, and noneconomic losses. Economic damages are things that can be quantified and calculated. The most well-known type of economic loss is property damage. This refers to the cost to repair or replace the vehicle. Beyond that, economic damages refer to other financial losses that occurred due to the accident. Financial losses include, but are not limited to, loss of income, transportation costs, medical expenses, and future lost earning capacity.

To calculate economic damages, the injured person would provide statements and records of the financial burden. This includes estimates from insurance adjusters, medical bills, receipts for temporary transportation like bus fares or Uber rides, pay stubs, and tax returns. 

motorcycle after a car ran over it, What is my Motorcycle Accident Claim Worth

Non-economic damages refer to subjective, non-monetary losses. These losses are often referred to as compensation for pain and suffering. Money may be awarded to the injured party to compensate for the loss of enjoyment of life, emotional distress, inconvenience, loss of consortium, and loss of society and companionship. To estimate the value of pain and suffering, an experienced motorcycle accident lawyer will reference cases similar to yours. The law also establishes maximum compensation for this category. Your lawyer will determine what is a reasonable ask. 

How to Calculate Lost Earnings

If you had to miss work to receive adequate treatment for motorcycle accident injuries, you are entitled to compensation for the income you would have received during that time. This can be calculated by multiplying your wage rate by the time lost. Your employer or bank statements will validate that rate. 

FAQ: Should I hire a lawyer for a car accident?

Calculating future income loss can be a bit more tricky. Statements from medical experts may help establish how much future work you may miss. For catastrophic injury, where work may not be an option for an extended period of time or where you may never reach your previous earning capacity, an estimate of that lost income may be provided based on your past earnings and the advice of your personal injury lawyer in Colorado

Talk to a Motorcycle Accident Lawyer for Free Today

If you are the victim of a motorcycle crash, don't be intimidated by insurance providers. If your life has been negatively affected by a negligent driver, whether you sustained minor injuries and property damages or will be dealing with permanent injuries for the rest of your life, don't hesitate to pursue the fair compensation you deserve. At Denver Car Accident Lawyers, we are dedicated to fighting for our client's rights. Let us handle the claims process so you can focus on recovery. Contact us today for your free motorcycle accident injury claim consultation

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