{"id":1736,"date":"2020-01-02T10:00:00","date_gmt":"2020-01-02T10:00:00","guid":{"rendered":"https:\/\/harshlaw.com\/?p=1736"},"modified":"2020-01-02T10:00:00","modified_gmt":"2020-01-02T10:00:00","slug":"anatomy-motorcycle-settlement","status":"publish","type":"post","link":"https:\/\/harshlaw.com\/anatomy-motorcycle-settlement\/","title":{"rendered":"Anatomy of a Motorcycle Settlement"},"content":{"rendered":"\n

What is involved in a motorcycle settlement?<\/strong><\/p>\n\n\n\n

If you’re involved in an insurance claim or a personal\ninjury lawsuit, you’re probably wondering how much your case might be worth.\nThere are too many unique factors in any given motorcycle accident to\naccurately predict the outcome in terms of a dollar figure. But this article\ndiscusses the main considerations when attempting to value a motorcycle\naccident case and gives some examples of past verdicts and settlements.<\/p>\n\n\n\n

How the Parties Value a Potential Case<\/strong><\/p>\n\n\n\n

“Valuing” a case means coming up with a best guess\nat what a jury might award the person suing (the plaintiff), and also guessing\nwhat the person being sued (the defendant) would be willing to pay. It also\nmeans figuring out what the plaintiff would ultimately be willing to accept to\nsettle the case before trial. That’s a lot to keep track of. But the three\nbiggest factors in valuing the case are the extent of the plaintiff\u2019s damages\n— meaning how bad the motorcycle accident was and how significant the\nresulting injuries are — how likely the jury is to find the defendant responsible\nand what insurance coverage is available.<\/p>\n\n\n\n

Factor 1 – Valuing the Damage of an Accident<\/strong><\/p>\n\n\n\n

Estimating the potential outcome of a motorcycle accident\ncase is quite difficult for one main reason: at trial, it will most likely be a\njury that ultimately decides just how much money the defendant must pay the\ninjured motorcyclist.<\/p>\n\n\n\n

Some personal injury damages, like medical bills and lost\nwages, are easier to predict because “concrete” costs like these will\nmostly be based on the amount the plaintiff demonstrates he or she has paid or\nlost and\/or will continue to pay or lose. For subjective, less concrete damages\nlike “pain and suffering,” predictions are at best an educated guess\nbased on awards in similar motorcycle accident cases in the past. <\/p>\n\n\n\n

Factor 2 – Likelihood Defendant Will Be Found Liable<\/strong><\/p>\n\n\n\n

The other major factor in valuing a case is the likelihood a\ndefendant will be found liable, at trial, for the traffic accident. <\/p>\n\n\n\n

It\u2019s a well-known fact the public and juries are by and large\nunfavorable to motorcycle riders. This does not mean if the plaintiff was\nriding a motorcycle the jury will automatically find in the defendant\u2019s favor\n— but it does lower the plaintiff\u2019s odds if evidence of the defendant\u2019s\nliability could go one way or the other.<\/p>\n\n\n\n

This is unfair and prejudice, but a reality the experienced\nmotorcycle attorneys of Harsh Law are prepared to handle. <\/p>\n\n\n\n

Factor 3 – Amount and Availability of Insurance<\/strong><\/p>\n\n\n\n

If a defendant does not have many assets, a settlement will likely\nnot exceed the liability limits of the defendant\u2019s auto insurance. Jury\nverdicts can and usually do exceed insurance liability limits, but that does\nnot mean the plaintiff is able to collect the full amount of the verdict. <\/p>\n\n\n\n

If there is no other way to collect, a plaintiff\u2019s best\noption is usually to accept a settlement amount that equals the insurance\ncoverage limits, even if actual damages are much higher and easy to prove.<\/p>\n\n\n\n

Motorcycle Verdicts and Settlements<\/strong><\/p>\n\n\n\n

Based on the data provided by Thomson Reuters in 2017,\nmotorcycle crashes have a serious injury or fatality rate 26 times higher than\npassenger vehicles. (https:\/\/www.reuters.com\/article\/us-injuries-vehicular\/motorcycle-crashes-cause-far-more-severe-injuries-than-car-accidents-idUSKBN1DM22S<\/a>).\nHere are some additional data insights from the study on motorcycle crashes:<\/p>\n\n\n\n