When you or a loved one is injured in a motorcycle accident, it is important to talk to an attorney. You might be entitled to substantial amounts of compensation, especially for severe brain injuries or spinal cord injuries. However, if you file an insurance claim and accept whatever the insurance company offers you, you may receive far less money than you might actually be entitled to. There is no simple “settlement calculator” that can tell you what your case is worth. Instead, take your case to a Dallas motorcycle accident attorney who can help you with your case.
The Dallas motorcycle accident attorneys at The Queenan Law Firm help fight for Texans who are injured in motorcycle accidents and car accidents throughout the Dallas area. If you or a loved one needs to know what your motorcycle accident might be worth, talk to our attorneys today.
Damages in a Motorcycle Accidents
Whenever you are injured by someone else, you may be able to hold them accountable for your injuries. Whether you go to court or get compensation through insurance, the specific areas of compensation are often referred to as “damages.” These damages cover two general categories of harms: economic damages and non-economic damages.
Economic damages cover any financial harms that stem from the accident. This includes things like the cost of repairing your vehicle, the cost of medical expenses, and any wages you lost if you were unable to work because of your injuries. In the case where a loved one dies because of the accident, economic damages would include the burial and funeral costs, plus other financial losses their death creates. Generally, these costs are proven in court by showing documentation. This can include bills, bank records, receipts, and other hard proof of expenses.
Non-economic damages are the kinds of damages that do not have receipts or price tags. These damages compensate you for intangible losses, such as your physical pain, mental suffering, or the grief of losing a loved one.
Non-economic damages can also include other penalties the other driver faces for injuring you. For especially reckless accidents, or accidents caused by dangerous trucking companies, delivery companies, or other regulated industries, you might be entitled to “punitive damages.” Punitive damages, also called “exemplary damages” are used to punish bad actors. These can be a set amount the court decides is fair or, in some cases, could triple the compensation you receive. Though these damages are rare, they are possible.
Texas law puts no legal limits or caps on either type of damages. This means that you may receive as much as a jury is willing to award.
Calculating Motorcycle Settlements
When you are injured and need compensation, the last thing you want to do is fight a drawn-out court battle. While our attorneys can file your case and take it to court if necessary, our goal is usually to get the insurance company to settle on just compensation.
“Settlement” in a legal sense does not mean “giving up.” Instead, settlement means that both sides avoid the expense of filing with the court, turning over evidence during discovery, building the case, finding experts to testify, and trying the case in front of the jury. Settlement is usually the best outcome for both sides.
Whenever you are considering accepting a settlement for motorcycle accident injuries, talk to an attorney. The lawyers and insurance representatives involved in your case may not have your best interests at heart. This means that the settlements they offer may be too low to account for all of the damages you might be entitled to. Many insurance pay-outs do not include damages for noneconomic harms like pain and suffering. The only way to capture these damages may be to take your case to court. Without talking to an attorney about what your case is worth, you may accept a low settlement.
When a jury calculates damages, they look at the whole picture. This includes looking at any medical bills, lost wages, and other economic damages you can prove in court. Added to that, juries award money for non-economic damages like pain and suffering. More severe and debilitating injuries usually deserve higher compensation.
The actual amount in dispute in your case will depend on what you ask for. The demands that you and your attorney put forth at the beginning of the case will drive negotiations until settlement. This means it is vital to present a strong case from the beginning. Talk to an attorney about what your case might be worth, and how much compensation you need to cover your injuries and economic damages.
Dallas Motorcycle Accident Attorneys
The Dallas motorcycle accident lawyers at The Queenan Firm fight to help injured auto accident victims get the compensation they need. Calculating compensation for a motorcycle accident, or any accident, occurs on a case-by-case basis. If you have been injured and need compensation for injuries, medical bills, and lost wages, talk to an attorney today. Our lawyers offer free consultations on new cases. Call (817) 476-1797 today.