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Whеn you’vе bееn involved in a motorcycle accidеnt, undеrstanding thе value of your claim is vital. This knowledge can help еnsurе that you rеcеivе fair compensation for your injuries and losses. Whilе thеrе are certain factors that are likely to affect your claim, each situation is unique, and it’s essential to engage with a personal injury lawyer who can assist in estimating thе value of your claim. Still, it can bе helpful for you to undеrstand what tends to impact payouts.
Several factors can influence the amount of compensation you may receive after a motorcycle accident:
The severity of your injuries directly impacts the potential payout. More serious injuries usually lead to higher medical costs. These expenses, along with rehabilitation fees and future medical needs, contribute greatly to defining your claim’s value.
The at-fault party’s insurance policy limit can also influence your payout. If their coverage is insufficient for all damages, getting full compensation will be more challenging. In these cases, you would need to file a personal injury lawsuit against them to try to recoup your losses. This can be difficult or even impossible – even if the court awards you appropriate damages – because many people simply don’t have the money or assets to pay what you deserve.
In some cases, you may be found partially at fault for the accident. This degree of fault could reduce your overall compensation proportional to your percentage of blame under Arizona’s pure comparative negligence law.
Pure comparative negligence is a legal doctrine used in some states, including Arizona, to determine liability in an accident. Under this rule, each party involved is assigned a specific percentage of fault for the incident. This assignment directly impacts the total compensation that you can recover, as the percentage assigned to the injured party will reduce the compensation proportionate to the degree of fault.
“The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any. “
For example, suppose it’s determined that you are 20% responsible for your motorcycle accident and your total damages (medical bills, lost wages, etc.) amount to $10,000 dollars. Due to your 20% degree of liability, you would only be entitled to receive 80% – or $8,000 – of these damages.
The clearer the evidence is at demonstrating the other party’s liability in causing the accident, the better your chances of a higher payout. Solid proof can significantly sway negotiations in your favor.
The competency of your lawyer plays an integral role in the value of your claim. An experienced, skilled attorney can work diligently on your behalf to establish liability and properly document and detail all components of damages you’ve suffered. This calculation is critical when trying to obtain appropriate compensation.
Beyond that, a competent lawyer is well-versed in negotiating with insurance adjusters and opposing counsel, knowing how to combat their strategies aimed at lowering payouts. They will help you determine when it’s right to settle or if you would be better served by taking the case to trial for maximum recovery.
Every motorcycle accident claim is unique and greatly influenced by these factors, among others. It’s always advisable to consult with an experienced motorcycle accident attorney in Phoenix who can accurately evaluate and strengthen your claim based on these variables.
If you have any further questions or need help with a claim, we’re here for you; contact us today to schedule a free consultation.