Last Updated on December 17, 2020 by Michael J. Branco
You got into an accident while driving your motorcycle. Luckily, you are still alive, and you have a few wounds around your body. But, tending to your wounds is not the only thing that you should do. You need to file an motorcycle accident claims and get your compensation.
Motorcycle accident claims are widespread when a motorcycle is involved in an accident. Although it would be harder to file a claim if you are driving a motorcycle, you can get good compensation if you have the right motorcycle accident lawyer.
In this kind of situation, you cannot do everything by yourself. You need someone knowledgeable to help you deal with the claims and help you get what you deserve.
What is a Settlement?
When you are filing for a motorcycle accident claim, your goal is to get a fair settlement from the other party. A settlement is resolving the dispute between the plaintiff and the defendant before or during the court action. There is no settlement or litigation after court action because it means that the court already decided for both the plaintiff and the defendant.
The defendant usually offers compensation to the plaintiff in exchange for his ability to sue. It means that the plaintiff won’t be able to use the defendant if he/she accepts the compensation or settlement. A contract will be made for both parties, and the case will be closed afterward.
In a sense, a settlement is a better ending than finishing a legal case. Although there is a chance that the plaintiff would get better compensation when the court decides, settling everything is still the best.
There are a few reasons why most people would rather settle instead of pursuing a legal case.
One of the reasons why a settlement is a better option after a motorcycle accident is a process. There are times when it took months before a legal case was closed. The plaintiff and the defendant want to skip this process and go straight to the compensation part.
This is more favorable to the defendant since they can offer lower compensation. But, if the plaintiff has a lawyer, it would be harder for the defendant to force the plaintiff to accept the terms.
The process is long and expensive. You need a lawyer that would represent you in court, so it would be costly to continue. Some attorneys provide “no win no fee” representation. He tells his client that they do not have to pay a fee until the settlement comes.
The Risk of Losing
Your lawyers will assure you that you will win the case, but we all know that anything can happen in the courtroom. The other party might have found some evidence to prove that they are not directly related to your accident.
How Does my Lawyer Start Settlement Discussions?
Settlement starts right before the trial begins. It means that both parties will try their best to settle even before the trial starts so they won’t have to wait for a long time to conclude.
Your lawyer will be the one negotiating with the other party’s lawyer. They will lay down all of their cards and all of the facts that they gathered related to the accident. If you are the one riding the motorcycle, you are usually at a disadvantage because of the nature of the vehicle that you are driving.
Motorcycles are very dangerous, and the other party can use them to reduce or completely null the compensation you are asking for. Your lawyer’s main job is to lay your cards on the table and show them why you need to be compensated. Your lawyer will do everything to help you get the best compensation possible for your case.
Factors That Impact the Value of Your Claim
There are so many factors that can affect the value of your motorcycle accident claim. You have to remember that there is no fixed value for an accident since it would depend on various factors.
The severity of your injuries can increase or decrease the value of your claim. If you only have flesh wounds or bruises that would subside in just a few days or weeks, you will likely get a smaller compensation. If you are still capable of going to work, your compensation will be reduced significantly.
If you are partly at fault in the accident, your compensation will surely experience a big dip. The witnesses and the evidence found on the scene can also increase or decrease your claim’s value. If they found out that the other party is not directly related to your accident, you might lose the compensation altogether.
How to Increase Your Case Value
If you want your compensation to increase, there are a few things that you need to do.
Hire a Lawyer
You should never be the one to negotiate with the other party, especially if they have a lawyer. Their lawyers will see to it that you will not get any compensation.
Look for the best lawyer and let them handle the settlement and negotiation in your stead. You should never do this alone.
Accomplish all the Medical Records Required
You need to have all of the medical records needed to support your claim. It should show all of the injuries that you sustained and the mental trauma you are currently experiencing. Yes, emotional and mental trauma will be a part of the compensation.
Follow your Doctor’s Advice
Some of you might not be aware, but the compensation will also depend on how you respond to the medications given to you. If the other party found out that you are not taking care of yourself or trying to make your condition worsen to get more compensation, it might be used against you.
Drink all of the medications given to you and follow the treatment plan of your doctor. You can show this to the other party to know that you are working very hard to get back in shape.
The credibility of the Witnesses
If you have witnessed the accident, make sure that they explain everything truthfully. Don’t try to bend the truth in hopes of getting more compensation. There is a big chance that this kind of dirty trick will backlash and hit you instead.
Listen to Your Lawyer
Your lawyer will do everything to help you get the compensation that you deserve. If the other party offered an amount and your lawyer told you to get it and complete the settlement, do it. Your lawyer knows if the case is strong against the other party, and he/she will explain it to you in detail.
Read More: Can you Put Speakers on a Motorcycle?
Motorcycle accidents are prevalent, and settlement claims are always the best method to handle these situations. You would not want to go to court over an accident as it would take a lot of time, and there won’t be any assurance that you will win the case.
Michael J. Branco is the Chief Editor of Easy trip Guides. He covers skiing, snowboarding, hiking and camping blogs, and buyers guide.