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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 case.

Defendant's Liability

Among 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 drops exponentially.

Plaintiff's Liability

A plaintiff 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.

Jury Bias

Juries 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.

Exponential Estimations

Estimating 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

Beyond 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.

Recovery Longevity

Brain 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.



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