Do I Have a Case After a Motorcycle Accident?

Collisions involving both cars and motorcycles are far too common, and when they happen, the motorcycle rider is usually the one with the worst injuries. When the motorcyclist is not at fault, the driver of the other vehicle might be liable, but it can take some work to bring a suit against them.

Some of the factors involved are hard to understand, but if you get a good lawyer who understands the laws surrounding these kinds of accidents, you will be more likely to win in court.

Determine If You Have a Case

Before you file a lawsuit, determine if you have a strong case against the other party. You might know the accident was the other driver's fault, but you have to be able to prove it to the jury.

Hire a lawyer who has experience with cases like yours. Sit down with your lawyer and explain the accident to them, and let them go through the details in the police report, insurance claims, and medical records to get the big picture. Your lawyer will determine if you have a case that they can win as well as let you know what to do next.

Discover the Value of the Case

Before filing a case, your lawyer will want to determine the value of the case. In legal terms, the value involves several parts.

Part one is determining the amount of the damages the jury is likely to award the plaintiff. Often, this value is a guess based on past cases that have similar injuries. The second part is determining what the defendant is willing to pay prior to the case going to court. Lastly, the amount of money that the plaintiff will accept as a settlement needs to be considered.

Evaluate the Plaintiff Damages

Loss of income or an inability to work is pretty straightforward. Determining the loss of income from this source is just a matter of looking at the money the plaintiff would have made if they were able to work after the accident.

Pain and suffering is a harder compensation matter to determine. The amount of pain a person is in or the mental and emotional damage that a person suffers is different for each individual, and proving the degree of pain and suffering is often harder than proving physical damages.

Determining the amount of pain and suffering could come down to the testimony of a doctor and the severity of the injuries sustained from the accident. A doctor can testify as to how painful the injury is and how long, if ever, it will be before the pain lessens.

Consider a Settlement 

There are times when your best option might be to consider a settlement instead of going into court. Your lawyer may feel that your case is going to be harder to win with a jury trial, and if the insurance company for the defendant offers a settlement that you find reasonable, it might be the best way to go.

The jury may look at the case and award a much smaller amount of money than the settlement that is on the table already. If your lawyer feels that the situation is risky, they may advise you to take the settlement, but if you want to go to court, most lawyers will move forward with the case. 

Cartee & Lloyd Attorneys At Law  understands personal injury and accident law, and we have nearly 40 years of experience to bring to your case. If you feel you have a case, call and make an appointment for a consultation. We are happy to look at your case and see if we can help you.