In any claim involving a motorcycle accident in Utah, it’s only natural for the injured victim to wonder about how much money they can receive in compensation. Whether the matter is to be taken to trial or settled outside of court, this question persists.
However, no two cases are the same. There’s no one-size-fits-all solution to motorcycle accident claims. Every situation is different and demands a unique legal strategy. In the same breath, the compensation a victim stands to receive differs based on several factors.
So, it’s best to work with an experienced Utah motorcycle accident injury lawyer as they’ll know exactly which factors will directly influence your settlement amount.
Meanwhile, our motorcycle accident injury attorney has listed some of the typical factors that come into play when determining the compensation in motorcycle accident cases. Read on.
Among the primary factors considered in a motorcycle accident claim is determining fault. It is important to be clear on who caused the motorcycle accident in Utah and is, therefore, at fault for it. The person found at fault is the one who will need to compensate you for your injuries.
To prove fault, you need to present sufficient evidence that supports your claim that the defendant is liable for your accident. Insufficient evidence can mean a very low settlement. Irrefutable and supportive evidence, on the other hand, will mean a high settlement amount.
If you’re found to be partially at fault for the accident, you may not be able to receive full compensation. For further clarity on how fault is determined and established, you should consult with a seasoned motorcycle accident lawyer.
2. Severity of Your Injuries
While the severity of your injuries won’t directly affect the settlement amount, it will impact the outcome of your case. This is because more severe injuries are likely to have a rather significant impact on your life. The more serious the injury, the higher settlement you stand to receive.
It is crucial that you make this distinction as some injuries are more impactful than others in motorcycle accident cases. These include traumatic brain injuries, head injuries, back injuries, spinal cord injuries, road rash, whiplash, loss of limbs, and so on.
It is recommended to discuss your injuries in detail with your motorcycle accident injury attorney and devise a legal strategy accordingly.
3. Healthcare and Treatment Costs
The costs related to your medical bills and treatment will also be considered when calculating the value of your motorcycle accident claim. After all, you should not have to cover your medical expenses when your injuries were caused because of someone else’s recklessness.
As competent motorcycle accident lawyers, we can help you seek compensation that includes all your healthcare-related costs. Whether you’re in talks with the insurance company or taking the at-fault party to court, your claim should include costs for:
- Your current and future medical treatment
- Your medications and prescriptions
- Ambulance fees
- Cost of hospital bed, wheelchairs, prosthetic limbs, and more
- Diagnostic imaging bills
- Costs related to making changes to your home, such as installing specialized showers, shower rails, wheelchair ramps, and so on.
- Costs of mental health counseling
4. Financial Damages
As the victim, you have the right to be fairly compensated for all your economic losses. A good attorney will also consider other financial damages you suffered in your motorcycle accident in Utah. Mentioned ahead are some common economic damages to state in your claim.
- Loss of income or wages
- Loss of earning potential, including your future salaries, increments, bonuses, retirement savings contribution, and so on
- Costs of repairing or replacing your motorcycle
- Expenses related to higher insurance premiums
- Any other type of property damage
5. Effect on the Quality of Your Life
A motorcycle accident in Utah can have a life-altering impact on you – and not in a good way. Hence, another factor to be accounted for is the way in which your lifestyle has been affected by your injuries. Some of the elements you can be compensated for include:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of personal and professional reputation
6. The At-Fault Party’s Ability to Pay
In some cases, the defendant’s ability to pay a settlement may be limited. However, most vehicle owners have an insurance policy in case of accidents. The type of policy can influence the settlement amount. If the driver has a low net worth, they’ll pay the minimum insurance amount since the coverage they obtain will also be low.
However, a better insurance plan will have higher coverage, with people investing more money to keep themselves and their assets protected. In this way, the at-fault party’s financial condition will come into play when determining your settlement. A knowledgeable motorcycle accident lawyer can shed light on this aspect.
Our Utah Motorcycle Accident Injury Lawyer Will Not Let You Settle for Less
After sustaining injuries because of someone else’s fault, the last thing you want is to be forced to settle for lesser than what you deserve. Don’t make the mistake of accepting the first offer that the insurance company sends your way. Remember, once you settle or the jury decides the amount, you cannot demand more money later on.
Unfortunately, this happens very often, especially in cases where victims underestimate the value of their claim. This is why it is crucial to consult a qualified motorcycle accident attorney. They’ll discuss the details of your accident, investigate the facts, gather evidence, and then determine how much your claim is worth.
They’ll also take into account damages that you may be unaware of. This way, your motorcycle accident lawyer will ensure that you don’t end up getting tricked by insurance companies and settle for less. They’ll work with the aim of maximizing the amount owed to you.
Your motorcycle accident attorney will:
- Investigate the scene of the accident
- Collect evidence from the site of the accident
- Interview eyewitnesses and get statements to support your claim
- Track all your accident-related expenses
- Accurately calculate your economic and non-economic damages
- Communicate and negotiate with the insurance company
Consult Our Motorcycle Accident Attorney Today
The team of motorcycle accident lawyers at Henriksen & Henriksen Law have been helping injured motorcyclists file their claims and obtain fair settlements for over 60 years. We know exactly how to deal with insurance companies and win the settlement you deserve. When you hire our motorcycle accident attorney, you won’t have to worry about paying a fee unless we win you money.
Feel free to use our convenient appointment calendar to book your FREE 15-minute consultation with us. Choose a time and date that works for your schedule. Alternatively, call (801) 521-4145 or fill our online form today to get started.