Dealing with a motorcycle accident is never an easy experience. Even a minor accident can have very long-lasting effects. If you've had a motorcycle accident, you are entitled to legal compensation for your pain, suffering, and other troubles. If you're considering taking your case to court, here's a look at what they will consider when deciding your case.
How likely it is that the defendant is guilty Probably the largest determinant in a motorcycle accident lawsuit is how likely it is that the defendant will be found guilty. When you bring your case to court, you need to have strong evidence that the other person will be found liable for the accident. If you have little or no evidence, the value you're entitled to is diminished considerably.
How much the defendant will have to pay
Especially in a motorcycle accident case, estimating the potential payout can be very tricky. Some things like medical bills or lost time at work are easy to estimate. But once the "pain and suffering" elements are introduced, things become murky. For the most part, these numbers are simply estimates based on other cases. Estimating "loss of quality of life" varies drastically from case to case as well. A professional basketball player who suffers a permanent limp stands to lose a lot more quality than a 75 year old man. Obviously, the potential damages will be much higher for the former.
How much insurance is available
In the majority of cases, the amount a jury awards will not exceed the liability limit of the defendant's auto insurance. When the jury is deciding your case, the potential amount that can be awarded will have an impact on their choice. It is possible to collect damages beyond this amount, but it's notoriously difficult to do so. One of the most common ways someone can collect beyond the liability amount is if a settlement is reached before the jury decides.
It's unfortunate, but there is a predictable bias against motorcycle riders when it comes to court cases. For whatever reason, many people automatically assume motorcycle riders are reckless. When heading in to a case like this, you're going to want as much help as you can get. Having a motorcycle accident attorney on your side can have immeasurable benefits. A professional attorney has likely dealt with situations just like yours before. They know the ins and outs of the law, and know how to make the system work for you.
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