No two personal injury cases are the same. In fact, two people injured in the same car accident might receive completely different settlement amounts due to a number of factors.
When a lawyer reviews your case, he or she takes into account many things, including liability and damages. If you were at fault for the accident (liable) or if you can’t prove the other driver was at fault, your case typically won’t be worth very much. Even if you were severely injured in the wreck, the other driver’s insurance isn’t obligated to pay you a settlement if the accident was your fault.
Motorcycle Injuries and Damages
However, if your motorcycle accident lawyer is able to prove the other party was at fault, then the damages that you suffered have to be taken into account. If there was little damage to your motorcycle and you weren’t injured in the accident, then you probably don’t have much of a case. But if your bike was totaled and you received severe injuries, you will have a much stronger case and could possibly receive a bigger settlement.
Damages are divided into two parts – part one includes damages that can be calculated, such as lost wages, medical bills, property damage, etc., and part two is pain and suffering.
Your attorney will consider how much it cost to fix or replace your motorcycle, as well as damage to your riding gear, such as helmet and leathers. All of your medical bills should be taken into account, including emergency room visits, tests and x-rays, follow-up doctor visits, medication, physical therapy and more, plus any future medical expenses that you are expected to have.
Additionally, your attorney will take into account any lost wages for the time following the crash, as well as any future earning capacity. If, for example, you had a full-time $50,000 a year job before the crash, but were so severely injured that you lost your job and were only able to find part-time work once you healed, you have lost earning capacity that should be taken into account.
And finally, your lawyer will calculate an amount for pain and suffering. The laws for how much can be recovered for this vary by state, so you will want to make sure your attorney has experience with accident cases and can fight to get you the most compensation possible.
If you’ve been in a Kansas City motorcycle accident, call us today at 816-842-7100 to speak with an attorney. Or you can click here to email us and schedule your free consultation. We take all injury cases on a contingency basis, which means that we don’t get paid unless we win the case for you.