In case of a motorcycle accident, there are certain common but very important questions that arise are when to settle the case and how to carry out the negotiations with the aggrieved party. The responsible party which caused the accident becomes responsible for the payment of the damages to the victim party such as pain and suffering or lost wages.
Fair settlement in motorcycle accident case means to identify all the factors, calculate and analyze the cost of the impact on the victim's life from the injuries.
In result of the accident, there are negotiations that arise to settle the case. The driver at-fault, insurance companies and other parties are considered for the negotiations to make the payments for the losses such as medical expenses, non-economic wages, and lost wages. The most important thing to keep in mind is that the attorney will determine the impact of the accident on the victim's life as well as the cost of the injuries.
Consulting the personal injury attorney regarding whether to accept the settlement or not at this point is of utmost importance and the right approach. Because of the fact that every motorcycle accident case is different, your attorney can guide you according to the circumstances when to accept the settlement. While analyzing the situation, the attorney will consider the following factors:
Cost of the Damages:
It is important to consider whether going to court is costing you more than the damages done to you. If yes, then think about settling the case. When the cost of trial outweighs the recovery cost, it is wise to go for the settlement.
When insurance companies deny recovering the damages, it is the best way to go to trial and seek compensation. And the certainty of getting compensated depends upon how strong your case is; because when you chose this option, the case depends on the jury's decision.
When You Shouldn't Accept the Settlement Offer:
Given the complications and different in each case, it is difficult to say that which stage of the trial is best to accept the settlement offer. However, it is easy to analyze when the settlement offer should not be acceptable.
- If the settlement offer is unfair and the driver at fault is not ready to negotiate, you may conclude that going to trial is better option than to accept that unfair offer. For instance, if the basic compensation is denied, such as significant medical costs that at-fault driver owes to pay for the damages, and he or she denies to pay.
- Apart from medical costs, the at-fault driver is supposed to pay for any wages and other economic damages that occurred due to the accident. If the settlement offer does not include such compensation, the offer is unacceptable.
- In the case of permanent damage, the plaintiff is entitled to be compensated for the loss of future income and lifestyle changes. Such cases are generally better settled in court than through a settlement offer. The court ensures that the at-fault driver pays for the damages.
The assistance of Motorcycle Accident Attorney:
Motorcycle accidents are complicated and sometimes can be devastating. In order to determine the right settlement offer, you have to consider multiple factors as few important of those are mentioned above. However, since each accident is different from the other in many aspects, the right way to determine whether to accept a settlement offer or go to trial is after the consultation of your motorcycle accident attorney. This becomes more significant when there are insurance companies involved that take advantage of the victim's situation, lack of legal knowledge and offer a very low settlement amount.