Many factors go into deciding what’s considered a fair personal injury settlement. The key issues will be different for everyone, but for those hurt in motorcycle accidents a lot will depend on the severity of your injuries, whether they will continue to impact your life, and the strength of your claim.
If a negligent driver is to blame for your motorcycle wreck, you’ll obviously need compensation to cover your losses, but agreeing to a settlement is rarely that simple. Some people accept low ball offers because they don’t want to risk going through a trial or believe that’s all they deserve. Whatever your situation or unique concerns, if you’ve been injured in a motorcycle accident, do not accept a settlement without discussing it with an experienced attorney. You may be leaving compensation on the table that you’ll need down the line.
To speak with an experienced motorcycle accident lawyer in Ohio, call Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA at (419) 625-7770. With over 70 years of experience and a history of getting victims what they are owed, we can help determine what your case is worth and fight to recover it. Initial consultations are free and we’re only paid when you recover compensation.
Recoverable Damages after a Motorcycle Accident
Unfortunately, the injuries typically associated with motorcycle accidents are severe and often incredibly expensive to treat and heal from. There is also the fact that severe injuries may keep you from working or prevent you from enjoying life as you once did. If the accident was caused by someone else’s negligence, you should not be forced to bear this financial burden.
Depending on the facts of your case, your motorcycle accident settlement may include compensation for your:
- Medical Costs
- Lost Wages
- Pain & Suffering
- Punitive Damages
Who’s At-Fault for Your Motorcycle Accident?
Evidence of the other party’s fault is critical to negotiating a motorcycle accident settlement. The stronger the evidence the other party is to blame, the better it is for your claim. You may have suffered terrible injuries, but if the evidence shows you caused the accident or were partly to blame, the less you can expect.
Ohio uses comparative negligence law to decide how much an injured party can collect given how much he or she is at fault. It’s a way to share the cost of an accident in proportion to the parties’ share of negligence.
For example, if it is determined that you were 25% responsible for a motorcycle accident because you were going too fast for the conditions, your potential damages would be reduced by 25%. However, if you’re more than half to blame, you won’t be awarded anything.
While comparative negligence is formally decided in court proceedings during a lawsuit, it also affects insurance settlement negotiations. Both sides estimate the parties’ blame and come up with an amount to reflect that.
Other Factors in a Motorcycle Settlement
While determining fault is perhaps the most critical, there are various other issues that impact a settlement’s value. Some of these are beyond your control. For example, the offer could be based on the limits of the responsible party’s insurance policy.
Ohio law also limits what you can receive for non-economic losses, such as pain, suffering, and mental anguish. You can receive $250,000, or three times your economic losses (not exceeding $350,000 per plaintiff or $500,000 per occurrence), whichever is more. This limit may not apply to you if you have a permanent and substantial injury.
How Aggressive Do You Want to Be?
During motorcycle accident settlement negotiations, we can help present your case in the best possible light to the insurance company. We’ll highlight how the other party’s negligence caused the accident, demonstrate how it negatively impacted your life, identify other available insurance policies, and emphasize how other similar cases were resolved.
Privately you and your attorney also need to think about any issues that may weaken your case and the evidence that may not be favorable.
You must balance the strengths and weaknesses of your claim and decide what’s the best way to recover the compensation you need. We’ll review things like your medical bills and lost wages, assess what you’ll need in the future and pursue a result that meets those needs. This often leads to higher settlement offers, but we’ll also be prepared to fight in court if the insurance company refuses to offer what’s fair.
Call Our Motorcycle Accident Lawyers Today
With locations in Sandusky, Mansfield, Port Clinton, Vermilion, and over 70 years of experience, the motorcycle accident attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA help injury victims across Ohio. Let us explain what you can expect from a personal injury claim or lawsuit and fight to get everything you deserve.