Anyone who has experienced a motorcycle accident, either as a passenger or rider, understands how dangerous the situation can quickly become. A motorcycle does not have the same level of protection as a passenger car. As such, motorcycle accident settlements are often complex. An accident victim will require an attorney on their side. There’s simply too much paperwork, evidence, and too many reports to sift through alone.
Liability and Damages
Valuing a motorcycle accident involves two things: liability and damages. Liability determines who is at fault for the accident. If no one is liable, the case will never be worth much. It is always the plaintiff’s burden to provide evidence of negligence and liability. If the other driver was not negligent, they do not owe you any compensation for the accident.
Damages, on the other hand, include injuries or losses. The more significant the injury, the more compensation is possible. In general, liability and damages will work together to affect the overall value of the case. Even if the other driver was negligent, but you did not receive any injuries or damages, you may not have a case in court.
Settlement vs. Trial
There are two types of valuations during a motorcycle injury claim: settlement value and trial value. A settlement value is what we all reasonably wish for. The settlement value is typically lower than trial value, as the case is settled to avoid the trial altogether.
Trial value, however, is what you would expect to win when the case goes to court. The amount you receive from the jury would be based on liability and damages. In some cases, you may only have a slight chance of winning during trial, which makes settlement a more viable option.