One of the most common causes of a motorcycle accident is that the other driver didn’t see you. This is almost always the first thing a defendant will say in this sort of crash. It may be the truth. It is harder to see a motorcycle than it is to see a car or SUV. However, there are other reasons why someone may get into a motorcycle accident. Your Falls Church motorcycle accident lawyer knows this better than anyone.
The other driver may have been speeding at the time of the crash. Or maybe they were texting and driving. These are some of the most common causes of any motor vehicle accident. It makes sense that they’re the most common causes of a motorcycle accident.
If you’re injured in a motorcycle accident, you’re going to want the other driver to pay. You may want them to be punished for what they did. However, this doesn’t always happen.
Your Fall Church Motorcycle Accident Lawyer Understands that Punitive Damages are Rare
When your Falls Church motorcycle accident lawyer agrees to take your case, it’s because they think it has value. They’ll also explain that it’s their job to make you whole. It isn’t their job to make you rich. They can only demand damages that you can prove. This means they need to prove two things. First, they need to demonstrate that the defendant was at fault. Second, they need to prove that you actually sustained each type of damages that you demand in your lawsuit.
In order to get awarded punitive damages, your attorney will have to prove one of the following things:
- The defendant acted intentionally
- The defendant acted with gross negligence
- They committed fraud in the course of the crash
It is rare that an accident victim can prove that any of these things happened. There are a few exceptions. For example, if the defendant was drunk driving at the time of the accident, you may be able to get punitive damages. It all depends on what you can prove. Since each case is unique, there’s no way to know for sure until you meet with your attorney.
Can You Demand Punitive Damages in Your Settlement?
Despite what you’ve seen on television, most accident cases don’t go to trial. More than 95% of all personal injury cases settle long before trial. That’s good news. Nobody wants to go to trial. They’re time-consuming and expensive. There’s also the chance that you could lose. If this happens, then you get nothing.
When your lawyer negotiates a settlement with the insurance company, they can try to get punitive damages. However, rarely will they be willing to pay this sort of money if they’re settling. Punitive damages can be quite high. They may rather take their chances in court rather than settle.
Settlements are intended to compensate you for your injuries. They are typically limited to the following types of damages:
- Medical bills
- Future medical bills
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
- Permanent disability
Very rarely will you receive punitive damages in a settlement. These are imposed by the judge as a form of punishment. The insurance company isn’t going to be willing to do that.
Call and Talk to an Experienced Motorcycle Accident Attorney in Falls Church
If you or your loved one are hurt in a motorcycle accident, you shouldn’t try to handle it on your own. Insurance companies don’t take individuals seriously. They’ll try to take advantage of you. Maybe they’ll ignore your calls and emails. Or they may try to get you to accept a really low settlement. They won’t do this to a licensed motorcycle accident attorney in Falls Church.
Your lawyer knows how to deal with the insurance company. They also know what it takes to get you as much money as possible. Whether this means you get punitive damages or not remains to be seen. The first thing you need to do is call and schedule your free, initial consultation. Your lawyer will take it from there. They’ll answer any questions you may have. They’ll ask a few of their own. Once they review your case, they can give you an idea of what it may be worth.
Don’t make the mistake so many other accident victims make. Rather than waste time trying to resolve this matter on your own, get the help you need today. The consultation is free, and you don’t pay a dime until your case settles.
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