If you have been injured in a motorcycle collision, you may be wondering
what kind of damages you can pursue to help compensate you for the injuries
you have sustained. It is important for you to take the time to evaluate
your situation with the help of a lawyer before any definitive answer
can be given. After all, there is no set value for these types of cases,
as compensation is usually determined based on the unique circumstances
of each specific situation.
There are certain types of compensation that differ from each case including
liability, damages, and whether or not the collision was wonton. For instance,
liability takes into account who was responsible for the collision. If
neither party was deemed at fault, there is no negligence, lowering the
value of the case.
In motorcycle collision cases, it is the plaintiff’s burden to prove
that negligence was present. This means the defendant owed a duty of care,
that duty of care was breached, and that breach led to the injury-causing
crash. If no negligence is shown, the defendant is not deemed at fault
and they would not be responsible for your injuries.
Determining the Value of Motorcycle Accident Cases
You may be eligible to seek compensation for your injuries and damage to
your vehicle. Personal damages may include expenses related to medical
bills, lost income, pain and suffering, loss of enjoyment of life, and
more. The more severe the injury, the more potential damages may be recovered.
Another factor that can determine the value of your case is whether the
case is settled or if it goes to trial. In many cases, the settlement
value is much lower than a potential verdict because it eliminates the
risk associated with the possibility of losing at trial. If your case
does go to trial, however, the court may be more inclined to award more
damages based on the evidence shown.
The court will likely consider economic and non-economic losses. Economic
losses are those in which you experience monetary loss, such as lost past
and future earnings or medical expenses. Non-economic losses are those
for emotional distress. In some cases, punitive damages may be awarded
if the incident was intentional or the negligent party acted in malice.
At The Stewart Law Firm, our
Austin motorcycle accident lawyers understand these types of cases and are able to help injury victims go
through the complex legal system. We take the time to analyze your case
and build a strategy based on your best interests. If you have been hurt,
trust our firm to help you seek the compensation you need and deserve.
Our firm is here to help you 24/7.
Call us when you’ve been injured for tenacious representation.