Why Is it Hard to Get a Fair Motorcycle Lawsuit Settlement?
Winning your motorcycle accident lawsuit isn't the only
thing you need to worry about. You also need to ensure that the amount of
compensation in your settlement is equal to the total costs you will incur
during your recovery. Here's why that's even more challenging than winning your
the many unique factors that play a role in valuing a lawsuit is how likely a defendant
will be found liable during the trial for the traffic accident. If there's no
evidence, or very little, proving fault is difficult, and the value of the case
doesn't just have to show that a defendant is responsible; they also have to
show that they aren't responsible for the accident. Even if the potential
damages are extensive, without clear evidence of fault a victim will be less
likely to go to trial and more likely to accept a low settlement because of the
risk of getting nothing at trial.
are, by and large, unfavorable to motorcyclists. Yes, a rider can win a
lawsuit, but it's much more difficult. Preconceived notions shouldn't have an
impact on the trial, but human nature is impossible to ignore. Many individuals
distrust those who ride motorcycles, and jury members aren't immune to this
prejudice. Insurance adjusters are aware of this bias and tend to reduce
settlement offers as a result. This is why concrete cases with ample evidence
are so important when filing claims.
the potential outcome of incurred damages is impossible in some cases. While
riders are more susceptible to injuries or death as a result of a collision,
and medical bills are very clear and quantifiable, there are also mental health
problems that can't be readily quantified.
Quality of Life Inconsistencies
multiple surgeries, broad medical treatments, and potential permanent assisted
living requirements, quality of life factors make it difficult to nail down a
dollar amount for recovery. These amounts will vary greatly depending on the
plaintiff. For example, a person who lost a leg in a motorcycle accident and previously
enjoyed a very active outdoor lifestyle would have a more significant impact on
their quality of life than someone who led a sedentary lifestyle.
trauma can lead to cognitive impairments that cause slow victim recovery. The
longer the recovery, the higher the claim cost, and costly claims are always
met with the highest levels of resistance by insurance companies.
Insurance Policy Caps
If the defendant has no tangible assets, the maximum
amount for the settlement will fall to their insurance liability limits. Juries
can award a settlement beyond those limits, but that doesn't mean the plaintiff
will be able to collect the full amount directly from the defendant. The
insurance company is only going to pay what they're legally obligated to. With
the severity of most motorcycle accidents, medical costs are likely to exceed
the insurance policy cap.
Getting a settlement that's equal to your total incurred cost from your motorcycle accident is challenging. That's why you need to hire an attorney who is experienced in this area. Call George Stein Steelhorse Law to get the representation you deserve for your lawsuit.