What can I recover in a motorcycle accident lawsuit?
The Cochran Firm, D.C. represents victims of serious motorcycle accidents in Washington, D.C., Maryland, and Virginia.
If you or a loved one here severely injured a serious motorcycle accident due to someone else’s negligence, the law gives you remedies to recover for your damages. While there is no easy answer as to exactly how much you will recover for your damages, there are a few guidelines to take into consideration when trying to understand how motorcycle accident settlements are valued.
Settling your motorcycle accident lawsuit
Generally, verdicts from trials may be higher than settlements reached prior to trial. The value of a settlement may be lower than the value of a verdict since neither the plaintiff nor defendant wish to lose at trial and risk an even more unfavorable outcome. While your motorcycle accident may be worth more if you win a verdict at trial, if both sides agree to a settlement then the compensation agreed upon will be guaranteed.
The main concepts in understanding the value of a motorcycle accident settlement are liability (who is at fault through negligence) and the damages incurred. Establishing liability in a motorcycle accident is critical to securing a favorable settlement. Motorcycle accident lawsuits intend to prove negligence on the part of the other driver who caused the accident. When proving negligence in a motorcycle accident lawsuit, plaintiffs usually must demonstrate the following:
- The defendant owed a duty to others on the road to drive safely
- The reckless actions of the defendant breached his or her duty to drive safely
- The defendant’s actions caused an injury
- The injuries sustained resulted in damages
Statutes on contributory negligence state if victims contribute to their own accident, the defendant who caused the accident may not be completely liable for the accident. Contributory negligence laws can severely affect the amount of your motorcycle accident settlement if it is determined you were even partially at fault in your accident.
Recovering for damages in motorcycle accident settlements
After establishing liability on the part of the person who caused the accident, plaintiffs must demonstrate they incurred damages as the result of their accident. There are two main types of damages available to plaintiffs: economic and non-economic.