What to Expect in a Motorcycle Accident Claim

Almost all motorcycle crash victims can expect a settlement. Over 95 percent of injury claims eventually settle out of court. However, “eventually” could be a very long time, usually several months. Initially, most insurance companies make low-ball settlement offers that, in many cases, don’t even cover medical expenses. They only make better settlement offers, or counteroffers, later in the litigation process.

Instead of looking for a quick settlement and an easy way out, a good Sugar Land motorcycle accident lawyer diligently, and patiently, builds a strong, evidence-based case from the ground up. This claim must cite legal theories of recovery the facts clearly support. A solid claim is also strong enough to withstand insurance company defenses. Anything less, and the victim remains at the mercy of insurance adjusters.

Determining the Settlement Value

The settlement value, which is like the asking price for a house, starts with the injuries sustained and the related medical costs. The settlement value must also account for the legal theories in the case and possible insurance company defenses.

Medical bills add up quickly. The average hospital stay costs over $3,000 a day. Injury-related hospital stays are usually much more expensive. Generally, these victims need multiple surgeries.

The medical bills in a civil case also include ancillary costs, like transportation, prescription drugs and physical therapy. Sometimes, these ancillary costs exceed the primary costs. That’s especially true if emergency responders airlift the victim to a hospital.

Future medical expenses are important to consider as well. If the settlement doesn’t account for such costs, victims are usually financially responsible for them. So, it’s important that a case not settle too early.

A Missouri City personal injury attorney typically uses ordinary negligence, which is a lack of care, or negligence per se, which is the violation of a safety law, like the speeding law, to obtain compensation in these cases. The legal theory must closely match the facts of the case. A lawyer must not get the cart before the horse by citing a legal theory and then finding evidence to support it.

The strength of insurance company defenses is relevant to this calculation as well. If an insurance company has a strong defense, a victim might be willing to settle for a lower amount, to avoid the risk of trial. The opposite is true if the insurance company has a weak defense.

Negotiating a Resolution

Informal negotiations, formal negotiations, or a combination of both usually resolve motorcycle crash claims in Texas.

Informal settlement talks often begin once medical treatment is at least substantially complete. By that time, a lawyer can accurately predict the amount of future medical costs, as mentioned above. Usually, the two sides exchange offers and counter-offers via phone, mail, or email. Face-to-face negotiations are rare at this stage. These talks often bear fruit, if the facts and law in the case are clear.

Since disputes in both areas are common, informal talks often break down. The judge usually appoints a professional mediator in these cases. During face-to face negotiations that usually last a day, the two sides once again exchange offers and counter-offers. This time, however, the insurance company has a duty to negotiate in good faith. Its lawyers cannot simply go through the motions.

Sometimes, informal talks stall, but they don’t break down. These cases usually go to mediation as well. However, a mediator’s job is easier in these situations. The mediator must close a small gap between the two sides, as opposed to a gaping chasm. Therefore, these face-to-face negotiations often only last a half day.

 Reach Out to a Thorough Harris County Attorney

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Virtual, home, and hospital visits are available.

Source:

scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub