Surviving a motorcycle accident is just the beginning of your journey. From there, you and your lawyer will need to navigate the personal injury and auto accident laws in Texas to fight for justice and fair compensation. Holding a negligent or reckless party accountable for your motorcycle accident could help you move forward after suffering serious personal injuries. A successful claim could result in a settlement or trial verdict to cover your economic and noneconomic damages. The potential value of your claim depends on your unique circumstances.
Common Factors Involved in a Settlement
Every motorcycle accident case has factors that could change the value of a final settlement. No one-size-fits-all award system exists to compensate victims. Instead, each victim will work with an attorney and insurance companies to figure out how much is enough to make up for his or her specific losses. A typical case could involve dozens of factors, but some are more typical to encounter than others.
- Someone else must be liable for your damages to have grounds for a settlement. If you cannot prove another party’s liability (fault for your accident), you may be unable to obtain a financial award at all. The identity of the liable party can also impact your settlement. An individual driver, for example, may not be able to offer as much insurance coverage as a major motorcycle manufacturing corporation.
- The damages you suffered will directly impact the value of your claim. As a general rule, the more severe your damages, the more your claim will be worth. Catastrophic injury or wrongful death claims often receive the highest settlement awards, since the victims suffer the most serious losses. You could receive compensation for both economic and noneconomic damages in Texas.
- Strength of the case. You and your attorney will need to evaluate your potential case based on the elements needed for a personal injury lawsuit: duty of care, breach of duty, causation and damages. The likelihood that a judge or jury would find the defendant liable could help predict your settlement amount.
It is impossible to know what the final value of your claim will be. However, an attorney with experience handling motorcycle accident settlements and lawsuits will be able to evaluate your case and give you an estimate of what it could potentially be worth. The availability of auto insurance, the extent of your damages and degrees of liability could all impact your final award amount.
Types of Compensation Available for Motorcycle Accident Victims
Although it can be difficult to guess exactly what you may receive for your motorcycle accident, the types of damages available remain the same case by case. In Texas, a settlement or jury verdict may compensate a motorcycle accident victim for many different damages.
- Past and future health care expenses
- Motorcycle repair or replacement costs
- Physical pain and emotional distress
- Economic damages such as lost wages
- Loss of a loved one’s care, companionship, love and guidance
- Wrongful death damages
- Punitive damages
The specific types of damages you suffered because of the motorcycle accident will portend the types of compensation you could receive in a settlement or judgment award. Your motorcycle accident attorney can help you prove your economic and noneconomic losses through evidence such as medical records, police reports and witness testimony for the highest possible award amount.
Settlement Value vs. Trial Value
A major difference could exist between the settlement value of your case and its trial value. Settlement values are typically smaller since part of the compromise is getting to avoid the expenses of going to court. If your lawyer does take your case to trial, it could end in a greater award amount – or nothing at all. An attorney can evaluate your claim, gauge its merit, weigh the risks of a settlement vs. trial and calculate your case’s potential worth during a free consultation in Texas.