Law

A Fair Settlement in a Motorcycle Accident

The thrill of riding a motorcycle is one like no other. It is a freeing experience  and sometimes considered a form of meditation for rides. That being said, it is still extremely dangerous even if you are careful. Since bikes are not enclosed vehicles, the chances of severe injuries in a road traffic accident are much higher. According to the National Highway Traffic Safety Administration, bikers are four times more likely to get injured than those in a car.

Motorcycle accidents may be traumatic and cause severe physical and emotional damage, as any accident can.  If the fault was not of the motorcycle driver, you mustn’t settle for anything less than what you deserve. Although a personal injury settlement cannot repay you for the trauma you have gone through, it is a form of justice and can address the financial aspect of the accident and your injuries.

When trying to figure out a fair settlement for your case, there are a lot of factors that you need to consider. Calculating a fair amount is somewhat complex, and it may be in your best interest to do so with the guidance of a professional.  According to injury attorneys, sometimes insurance companies try to persuade you to give up your rights to sue the driver in court in exchange for your settlement amount.

There is no set amount for a motorcycle or automotive injury settlement because there are various factors that can influence the amount. The severity of your injury and the circumstances of the crash are very important aspects to take into consideration. Another aspect that many people might overlook is the victim’s age and life expectancy. In general, a younger person is more likely to get a higher settlement. Your occupation, earnings, and insurance coverage also influence the settlement—even things like the safety precautions you may have taken, like wearing a helmet.

The damages that the party at fault may have to pay can be divided into economic, non-economic, and punitive damages. Economic and non-economic damages are more commonly paid, whereas punitive damages are relatively rare.

Economic damages or special damages are paid for quantifiable economic costs you may have incurred. These things include medical bills, physiotherapy, nursing care, loss of income, property damage, i.e., your vehicle, etc. These damages don’t just cover costs of the money you have already spent, but also any reasonable and justifiable expenses that you may incur in the future, such as long-term care or surgery, etc.

Non-economic damages or general damages compensate you for non-quantifiable costs and losses. These costs do not have an economic value but significantly affect your lifestyle. Examples of this are physical pain and suffering, mental suffering due to the incident, loss of enjoyment of life, loss of companionship, etc. These damages are subjective, making them much harder to understand and calculate.

Punitive damages are rare and are meant to punish the party at fault for negligence or recklessness rather than to pay you for your losses. If the driver was under the influence of alcohol or drugs, punitive damages are allowable in Louisiana.

LA injury attorneys explained that under “Comparative Negligence” law in Louisiana, LSA CC Art. 2323,  if you have suffered damages worth 20000 dollars, and the defendant or the insurance company proves that you were 10% responsible for the accident, the court may limit your compensation to 19000 dollars.

In case of an accident, seek medical help immediately. Once you have recovered, you can keep in-depth records of your costs and the incident to support your claim. We understand how traumatic an accident can be, so it is beneficial to have someone on your side who can get witness statements, CCTV footage, and other proof that can help your case.

A post by Kidal D. (5422 Posts)

Kidal D. is author at LeraBlog. The author's views are entirely their own and may not reflect the views and opinions of LeraBlog staff.

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