When involved in a motorbike accident, filing for a personal injury claim will help you sue for compensation to be legally and rightfully paid for damages and bodily harm. In some instances, the law and experts personal injury claim professionals, including Flagler Personal Injury Group, advise that filing a direct lawsuit against the at-fault individual is the best option to get considerable monetary compensation for losses.
Types of Motorbike Accidents Considered Eligible for You to File a Personal Injury Claim
The most common motorbike accidents legally accepted for you to file a personal injury claim include splitting on the lane, left-hand- turn accidents, over-speeding, or motorbike accidents caused by riding under the influence of alcohol. Others include hitting fixed objects, negligence riding, accidents caused by high-performance accidents, and road hazards.
Types of Damage Compensation You Can Seek in a Motorbike Accident Personal Injury Case
The law classified particular types of motorbike accidents with different monetary value compensations based on their severity and other factors as below:
The Left-Turn Collisions
Left-turn collisions are extremely severe accidents. They happen when two motorbikes turn across traffic, especially when the defendant enters the other motorist’s lane. The law usually dismisses traffic lane motorbike accidents if the accused didn’t execute their turn fast, so the accident is considered an act of nature. When this happens, your compensation is based on the bodily harm you incur rather than the total losses such as motorbike parts and loss of ability to work.
Single Motorbike Accidents
Single accidents are those that occur due to tipping, skidding, and sliding. Suppose you’re severely injured in a single crash. In that case, your compensation entitlement is based on the agreement you’ve got with your defendant, mainly because most state laws regard these accidents as mistakes for both riders, and only those who incur considerable losses deserve compensation.
The Rear-End Accidents
If involved in a motorcycle accident when you are riding and get hit from behind, your claim becomes a rear-end accident. The compensation for these accidents is also based on the injuries you incur and the time you miss to attend to economic chores. Another category you can use to classify your injury claim caused by a motorbike accident is when you lose a loved one in a motorbike accident negligently caused by a rider. When this happens, the claim is eligible for compensation for wrongful death due to negligence, and the claim is compensated for additional damages under the wrongful death statutes. This happens considering the law legally rules for compensation due to grief, loss of companionship and love, burial and funeral expenses, and loss of an essential individual such as a breadwinner or a parent.
How to Estimate the Value of Your Injury Claims Caused by a Motorbike Accident
There are two ways to calculate or estimate the value of your injury claims caused by a motorbike accident. Some states follow the same criterion for calculating general personal injuries caused by all motor vehicles, while others use a two-way method which applies as below:
Special Damages Value Estimation
When estimating and calculating these damages, the law considers damages caused on the property, medical costs, and lost time at work both in future and past moments. Generally, special damages are relatively straightforward calculations considering the law only considers the amount of lost time and earnings and translates them into monetary values.
The Non-Economic Damage Estimation
When calculating these damages, your legal counsel will consider things including pain and suffering, based on estimation of monetary values considering there is no standard or precise judicial guidelines for these damages monetary value estimation.
The Process for Settling Personal Injury Claims Resulting From a Motorbike Accident
Once you’ve determined whether the damages incurred from motorbike accidents are economic or general, your legal counsel will follow the following procedures to settle your case as below:
Usually, based on the severity of damages and how the defendant approaches you, you may decide to negotiate the matter with the defendant’s insurer until you settle without taking things to court. However, negotiation happens when both parties agree and all factors are fair to each other.
If you feel like the defendant’s insurer isn’t offering you a fair deal, settling the matter will require a third party to help you reach an agreement. The third party is then the mediation in this case. Usually, a mediator is a neutral individual who doesn’t favor any party. The mediator’s work is to encourage the settlement of the matter by coming into an agreement without involving legal counsel.