Knowing the value of your claim is crucial if you must file one for compensation following a motorcycle accident. This helps you decide whether it's worth it to pursue action, and maintain realistic expectations about what you should receive in your settlement.
Two major factors that affect how much your claim is worth are liability and damages.
How Liability Affects a Motorcycle Collision Claim
Another driver is only responsible for compensating you for injuries if he was negligent in causing your motorcycle accident. If he wasn't at fault, he won't owe you any damages. Speeding, texting, failing to yield the right of way, or driving when intoxicated are just a few causes of motorcycle crashes where another driver may be found liable.
When the other person’s fault is clear cut, this increases the value of your claim. However, if you're unable to prove his fault—or you were also partially to blame—this weakens your case and reduces your settlement.
Damages You're Entitled to in a Motorcycle Accident Case
Damages refer to the amount of compensation you're entitled to receive from the negligent driver's insurance company. In both Kansas and Missouri, you may be entitled to these types of compensation:
- Past and future medical expenses
- Past and future wage losses
- Past and future pain and suffering
- Property damages
It's important to wait for a determination regarding the amount of your damages until you reach maximum medical improvement. This is the stage in your medical care where you've either fully recovered, or have recovered as much as you will and your physician provides you with a final prognosis. You cannot hope to know the final costs of your future medical bills, lost wages, and pain and suffering until you reach this point in your medical recovery.
If you suffer more catastrophic injuries, your medical treatment will be more long-term and expensive, and you'll be off work for longer—if you can return to work at all. This increases the value of your claim. Conversely, if you suffer minor injuries that only require you to take a few weeks off work for recovery, your claim's worth and the amount of expected compensation will be less.
Were You Injured In a Kansas City Area Motorcycle Accident?
If you've been injured in a car accident you need to speak with an experienced motorcycle accident lawyer as soon as possible. Contact us online, or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.