Law

How Much Can I Get In A Motorcycle Accident Claim?

Motorcycle accidents can cause significant injuries and loss. A motorbike rider is more prone to face fatal injuries than those traveling by car, as they are more exposed to the outdoor environment than others. For this reason, motorcyclists should be more careful while driving. Many bikers in Texas and nearby areas face accidents due to others’ faults every year. These accidents can cause them a great amount of bodily harm, and they may have to bear hefty medical expenses.

Those who are at fault in a motorcycle accident can face legal trouble for their negligence. A victim can file a claim to sue the at-fault person and seek compensation for their losses. The payouts for these victims are often greater than those for victims of car accidents, due to the greater extent of loss, damages, pain, and suffering in motorcycle accidents. Seeking maximum benefits from a motorcycle accident claim requires an in-depth knowledge of Motorcycle Laws in Texas. It is best to consult an experienced legal professional who has handled many similar lawsuits in Texas and can help you ask for the maximum possible compensation amount.

To determine the possible value of your claim, it is essential to know some factors that can impact the payout amount. The following is a list of some of these factors for your reference.

  1. Ability to prove the at-fault party’s liability.

 

Proving liability can be a daunting task, but when you do this perfectly, your compensation amount can increase substantially. Some claimants fail to prove the liability of the responsible party, and despite having a solid case, they are denied the requested damages. Moreover, sometimes accidents happen due to both parties’ negligence rather than the fault of only one person.

 

  1. Whether the accident happened due to another driver’s fault.

Suppose the crash happened due to another driver’s fault. In this case, establishing liability can be an easy task if you can provide sufficient proof. Aside from winning a case in court, certain vehicle insurers will offer very large loss settlement amounts. However, you need to act carefully when dealing with insurance companies. To avoid all the hassles, give the responsibility of your case to an experienced San Antonio motorcycle accident lawyer.

  1. Whether the crash occurred due to a defective product.

In some cases, when a vehicle driver causes an accident, the real reason was some fault in one of the vehicle’s parts, such as its brakes, lights, indicators, etc. This can result in a product liability lawsuit. However, there are many factors that need to be checked in this scenario.

To prove product liability, you will need to provide evidence that the accident was caused because of a defective part and not due to the driver’s fault. You also need to prove that you didn’t use or mishandle the product in such a way that it led to an accident.

Apart from proving the liability, you must also have sufficient proof to show your injuries, vehicle damages, property damage, pain, and suffering due to that accident.

  1. Settlement.

Both parties can sit together with their legal representatives and settle the claim outside the court. Many claims get resolved outside the court and take less time than going to trial. You can sign a legal document after negotiating with the other party and agreeing to accept an appropriate amount for your loss. It is a kind of win-win situation. If you want to seek a settlement, your attorney can take appropriate action.

 

Settlement amounts are based on many different aspects. Some of them are:

  • Medical expenses- When a person is injured in an accident, he should call 911. Boarding an ambulance from the accident site, if necessary, and taking all medications that the doctor suggests are very important. Your attorney will later be able to calculate all sorts of medical expenses, including immediate medical assistance, hospital travel expenses, blood tests, hospitalization details for treatment lines, and other healthcare-related expenses.
  • Lost wages- You can include lost wages in your claim when you had to miss work due to injuries. Your attorney will calculate all the lost wages you had to bear while recovering from injuries and receiving medical treatment.
  • Wrongful death- When a family member dies in a motorcycle accident, this loss of life causes a profound impact on our emotional and mental wellness. This situation is worsened when the victim of the accident was the breadwinner of their family. These losses can be considered when the victim’s family member files a wrongful death claim.
  • Pain and suffering- All the non-economic losses like emotional and mental pain are covered under this section. The amount will depend on various factors like the extent of injuries, losses, and other damages.

Along with all the above, you may also be able to seek punitive damages. To fully evaluate your case and overall loss caused by the accident, you should hire an experienced San Antonio motorcycle accident lawyer. They can help you seek a fair settlement amount to make your life easier.

 

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