Austin Personal Injury Blog

Motorcycle Accident Compensation

Posted By The Stewart Law Firm, PLLC || 9-Sep-2016

crashed motorcycleIf 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.

Categories: Motorcycle Accidents
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