Date:May 18, 2016
With Spring finally arriving in New Hampshire, the weather is warmer and the days are longer – and motorcyclists are taking to our state’s roadways. All motorists are reminded to safely “Share the Road” with motorcycles, to be extra alert to help keep motorcyclists and their passengers safe, and to avoid causing a motorcycle injury case.
According to the Insurance Institute for Highway Safety, motorcycles are less stable and less visible than cars and often have high-performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed. The National Highway Safety Administration estimates that per mile traveled in 2013, the number of deaths on motorcycles was over 26 times the number in cars.
Before setting off on what should be a fun and safe ride, be sure to take the time to educate yourself about how to avoid a motorcycle accident in the first place. There are plenty of things you can do to educate yourself on how to avoid motorcycle accidents and we are pleased to share this article from the folks at Best Motorcycle Jackets.
What are the factors you should consider when evaluating what your motorcycle accident case is worth?
Motorcycle accidents are unique and results will depend on the facts of your case, but here are the most influential factors. Your personal injury lawyer in Manchester NH at the Law Office of Manning & Zimmerman, PLLC can also be an excellent source of valuation information.
Actual costs are the real costs that you incur as a result of your motorcycle injury. These are similar to car accident damages. Damages such as lost wages or earning capacity, the reasonable value of medical bills, vehicle damage, and related expenses are certain damages which are relatively easy to prove. Make sure that you have all of your paperwork to prove your damages.
Subjective costs refer to damages, such as pain and suffering, and are harder to quantify for purposes of settlement. A motorcycle injury case attorney at the Law Office of Manning & Zimmerman, PLLC can help give you a range of pain and suffering damages so that you have an understanding of what your case is worth. It is important when detailing your pain and suffering damages, that you give a clear picture of how your life was affected. For example, if you were an active person before the accident and are no longer able to be physically active because of the limitations from your motorcycle injury, details as to your loss of enjoyment of life and your life before and after the accident can help you obtain a bigger settlement.
Whether you can prove that the defendant was at fault in your motorcycle injury case will significantly increase your chances of a higher monetary recovery. For example, if you have evidence that the defendant was driving too fast or ran a red light or was otherwise not observing traffic laws, establishing liability becomes much easier and the chances of a larger monetary recovery increase. Evidence such as witness statements, police reports, and traffic cams can be used to prove a defendant’s fault in your motorcycle injury case.
Whether the defendant can afford to pay the total a jury may award is another consideration when deciding whether to accept a settlement offer. If the defendant has no assets or ability to pay on a judgment, then your attorney may advise you to accept an offer from their insurance within policy limits. Conversely, if the defendant has assets which you can collect upon, it may increase a settlement offer or your chances with a jury. Your attorney can advise you as to whether it is worth collecting against a defendant’s assets and how long it would take to collect on a judgment as opposed to accepting an insurance company’s settlement offer.
Juries are comprised of human beings, each with their own ideas about motorcycle accidents, perceptions of trials and litigants, and values. How you will present to a jury, how the defendant will present to the jury, and how the facts of your case will present to a jury can factor into what a jury will award you and whether the defendant’s or the insurance company’s settlement offer is the best choice for you. Your personal injury lawyer is your best choice for guidance in this area. An experienced personal injury lawyer in Manchester NH can value your case and give you a realistic idea of what to expect with a jury and how that can help your case.
When deciding whether to accept a settlement offer in your motorcycle injury case, you do have to ask yourself whether you really want to go to trial and whether this is something that you can handle. Some personal injury claimants relish the idea of taking their chances in court while other claimants would not want to go to trial under any circumstances. Ask yourself honestly whether you want to go through the trial process. There is no right or wrong answer.
There is a considerable amount of motorcycle injury case data available on jury verdicts and settlements in New Hampshire. It is worth reviewing those jury verdicts and settlements to get an accurate understanding of what juries tend to award in a motorcycle injury case. Your personal injury attorney can give you a reasonable, well-researched idea of what to expect from jury verdicts and settlements in New Hampshire.
Big companies have lawyers looking out for their interests and you should too. If you feel that you have been treated unfairly by an insurance company, the NH personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC can help. When representing injured victims, we are only paid for our services when we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2459, email us at firstname.lastname@example.org, or contact us by using the “contact us” form or chat feature on our website.
Experienced, Knowledgeable & Personally Committed to Justice