After a motorcycle crash, one of the most common questions my clients ask is how much their claims are worth, so you're not alone if you're wondering this, too. Unfortunately, no experienced San Diego motorcycle accident attorney can give you an absolute answer to this until they complete a thorough investigation into your accident.
Here are the factors that a lawyer considers in determining how much you should receive in your settlement.
Types of Compensation in Motorcycle Collision Cases
The first consideration for determining the value of a motorcycle crash case is calculating the amount of damages you're entitled to receive. In California, our personal injury lawyer adds, negligent drivers are liable to compensate a motorcycle accident victim for not only injuries caused in the accident, but also potential past and future damages.
Types of compensation you can recover include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Property damage
- Out-of-pocket expenses
- Wrongful death damages if a loved one was killed in the crash
Factors That Affect the Value of Your Claim
Every motorcycle accident claim is unique, and certain factors can make a case stronger or weaker—these variables also affect the value of a claim. Issues that impact how much your financial recovery might include:
- Type of injuries. If you suffered a broken finger or toe that heals quickly, the value of your claim will be much less than if you experience more complicated medical conditions.
- Permanent injuries. Someone is entitled to a more comprehensive settlement if the accident caused long-term health concerns, such as traumatic brain injuries, spinal cord damage, or back and neck injuries. The value of your or a loved one's claim might be significantly greater if a full recovery isn't possible or there's a permanent disability.
- Liability. Under California law, your attorney must prove the motorist’s negligence in causing your accident to receive injury compensation. If there are legitimate disputes as to the cause of your crash, they might weaken your case and reduce the value of your claim.
- Your fault. If you were partially to blame for your accident, this will also make your claim worth less. Under California’s comparative negligence laws, the amount of damages you receive will be reduced by your percentage of fault.