The reason that most motorcycle accidents result in serious injuries, and sometimes, traffic fatalities, is the disparity between the sizes of the two vehicles involved in such crashes. Motorcycles are smaller and less protected from threats when compared with other vehicles.
There are no airbags, no outer frames, and nothing else to minimize the impact – when a motorcycle collision happens, there is nothing to soften the blow; most motorcycle riders don’t even wear motorcycle helmets. Thus, severe injuries are possible, and the motorcycle accident victims may not fully recover even after years following the incident.
Being a motorcycle accident victim in Virginia is no walk in the park, but you have a set of legal rights that will help you recover your financial stability. Since Virginia is an at-fault state, meaning that the liable party will have to pay for the damages, you can sue the at-fault driver for fair compensation.
Having experienced motorcycle accident attorneys on your side can make all the difference if you plan to sue the other party and demanding a fair settlement.
Damages Sustained By Victims In Motorcycle Crashes
To understand the value of a case, you’ll need to know the extent of damages incurred. The types of damages sustained by accident victims are economic and non-economic damages. Of course, this is a gross oversimplification of someone’s losses, but legally, these two categories define the losses.
The former include all the monetary drains that resulted due to the accident. Medical bills, fees for psychiatric therapy, property damage (vehicle repairs), lost wages, loss of earning potential (partial or complete), and out-of-pocket expenses, all of these come under economic losses.
You can simply sum up the bills and have your lawyer factor in the long-term losses, and that’s it.
However, things get complicated in the area of non-economic damages.
These include all forms of pain and suffering that are not reflected in bills and receipts but rather felt personally. Here’s the problem though: only YOU can feel them. Thus, the troubling part is to get the insurance adjuster (in case of negotiations) or a jury (in case of a lawsuit) to see things your way.
Of course, simple descriptions won’t help you out here.
Some forms of non-economic losses are quite obvious, i.e. no one will question your pain of having lost a loved one to wrongful death (loss of consortium), or the effect of permanent injuries, or disfigurations, traumatic brain injuries, severe spinal cord injuries, severe road rash, and so on. These losses are very obvious and will thus fetch you compensation without question.
However, neck pain, headaches, psychological trauma, and other forms of anguish will not be apparent to an observer. You’ll have to go the extra mile, and by you, we mean your lawyer, to create a solid foundation for your motorcycle accident claims in this area.
This anguish is reflected in the medical expenses, the more the spending, the more pain – this is correlation is usually accepted without question; of course, pain and suffering is possible in cases with minimal bills.
Remember that your personal injury claim is worthless on its own – the claim itself does not have a value, instead, your sufferings and damages do. The more you had to go through because of someone’s negligence, the more you’ll be able to demand as compensation; a motorcycle injury lawyer will be able to create a compelling narrative backing up your claims here.
This number can vary between a couple of thousand dollars to well over a hundred thousand dollars. Your payout will depend heavily on how well you can convince the other side of your losses, whether you were partly at fault or not (and if you were, then by how much), and whether you can back your claims with adequate and believable evidence.
This is why having an experienced personal injury attorney by your side will make all the difference in exploring and exploiting your legal options regarding the payout for your motorcycle accident injuries and other damages.
Causes Of Motorcycle Accidents & Pointing Out The Liable Parties
The second most important factor in determining your settlement sum is how the accident happened, who was involved, were you also at-fault, and how many liable parties were there. The cause of an accident will factor in heavily during the settlement negotiations.
If the accident happened due to distracted driving, drunk driving (the other driver was inebriated), violation of traffic laws, over-speeding, or something that clearly incriminates the other party, you’re golden. If the other driver showed negligence, you’ll automatically gain the strategic high point.
Of course, this only applies if you did not share the blame.
In case you were also partially at fault, then the law still offers you the right for compensation, but the sum will be slashed according to your contributory negligence. Be sure not to admit your blame or say anything that incriminates you before the insurance adjuster or in a court of law.
Instead, have your lawyer deal with the tough questions (and prepare you to do the same).
Insurance companies make it a point to inflate your fault to avoid paying up fairly.
And in case there were multiple parties at-fault, i.e. the governing body (for unsafe roads), vehicle manufacturer, company of the negligent driver, and so on, you’ll win a much bigger compensation sum; personal injury lawyers can help you point out all the at-fault parties.
The VACAIL Law Firm Will Secure A Fair Settlement For You
As a motorcycle crash victim, you will be well in your rights to seek financial compensation for your losses. You have the option to settle for a fair sum either through negotiations with the insurance company representing the liable party or taking matters to the court via a personal injury lawsuit.
In either case, you’ll want to maximize the payout for your motorcycle injuries and other losses so that you don’t have any trouble getting your life back to normal.
That’s why our legal representation, backed by years of experience, is of utmost importance. You should not hesitate in seeking out the services of our team of competent motorcycle accident lawyers at the VACAIL law firm. We work on a contingency fee plan – you won’t have to worry about paying us until you’ve won your settlement and consultation is also free.
Contact our reps today, and they’ll show you how we can help you win!
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