How Much Is My Motorcycle Accident Case Worth in Louisiana?
A motorcycle crash can leave the rider struggling with physical pain, long-term trauma, and under serious financial strain. Medical bills can pile up quickly after a severe injury crash, leaving the victim forced to take time off work to recover. Without a paycheck or steady source of income, it’s no wonder that victims often turn to Tomeny | Best Injury Lawyers worried about how to make ends meet.
There’s good news. We can help. Our Louisiana motorcycle accident attorneys fight for compensation for injured people just like you. For more than three decades, our Baton Rouge law firm has helped victims recover millions of dollars in rightful compensation despite fierce challenges from stubborn insurance companies.
At Tomeny | Best Injury Lawyers, we have a distinct advantage. Founding attorney Frank Tomeny spent the early part of his career defending insurance companies from personal injury claims. He knows what challenges to anticipate from insurers and the most effective strategies to beat them.
Get started on the path to justice today. Call or contact us for a free consultation.
Types of Compensation Available for Motorcycle Accident Victims
Compensation can be grouped into two main categories. Economic compensation covers quantifiable losses, such as medical expenses and lost wages. Non-economic compensation covers losses that cannot easily be calculated, such as pain and suffering.
Specifically, you could be awarded money for:
- Medical expenses
- Lost income
- Lost earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability
If the motorcycle accident was fatal, eligible family members could file a wrongful death claim on behalf of their loved one. Compensation in a wrongful death claim can include money for funeral expenses, lost wages, and other benefits.
How Is Compensation in a Motorcycle Accident Case Calculated?
Calculating compensation following a motorcycle accident can be challenging. Numerous factors can impact the amount of money that a victim may be able to receive. Before estimating the value of a motorcycle accident claim, it is important to identify who should be held at fault, or liable, for the accident and your injuries.
Liability is about assigning blame for the cause of the crash. Louisiana is known as a pure comparative fault state. This means that the amount of money a victim can recover following a collision is connected to the amount of responsibility they have for causing the crash.
Let’s assume that a driver is determined to be 80 percent liable for causing a motorcycle accident and the biker is assigned 20 percent of the blame. In this scenario, the rider is entitled to the full value of the compensation minus 20 percent. So, if damages are calculated to be $100,000, the rider would only receive $80,000.
The ability to collect compensation will hinge on whether you can prove that another party’s recklessness caused the wreck. This is called proving negligence.
Once you hire a motorcycle accident attorney, they will begin investigating the case immediately. They know what evidence is necessary to establish fault and what it takes to show the total value of your economic and non-economic losses.
Examples of evidence that could be used in your case include:
- Medical records
- Bills, receipts, pay stubs, and other accident-related expenses
- The police accident report
- Witness statements
- Video or dashcam footage of the accident scene
- Expert testimony
While pain and suffering is more difficult to demonstrate, a skilled attorney will be able to leverage their experience with past motorcycle accident cases and prior precedents to put an appropriate estimate on what your case is worth.
Settlement Value vs. Trial Value
The value of a motorcycle accident claim may also vary depending on whether the case settles or goes to trial. There can be a dramatic difference in the amount of compensation victims may receive if they accept a settlement rather than file a motorcycle accident lawsuit.
A settlement is an agreed-upon sum of money that reasonably compensates victims for their expenses and losses stemming from an accident. When you accept a settlement, you give up the right to file a lawsuit against the responsible party. This can be smart because it eliminates the need for a trial, which is more expensive, takes longer, and is risky. In a trial, there’s no guarantee your case will win.
However, a trial verdict may be considerably higher than a settlement value. Imagine the trial value of a case is $500,000. If the victim’s case has weaknesses, it may be better to settle than risk going to trial.
Having an experienced trial lawyer on your side is essential during settlement negotiations. They’ll explain the pros and cons of accepting a settlement vs. going to trial. The decision is ultimately in your hands, but a lawyer’s advice is invaluable as you consider your next steps.
Contact a Baton Rouge Motorcycle Accident Lawyer Today
Motorcycle accidents can result in some of the worst injuries. You shouldn’t have to focus on collecting proof and negotiating with insurance companies when you’re trying to heal. A top motorcycle accident attorney can build a strong claim that places a full and fair value on your case and demands justice for your losses.
Put Tomeny | Best Injury Lawyers to work for you. We’ll push aggressively for maximum compensation on your behalf. Call or contact us today to speak with a proven Baton Rouge motorcycle accident lawyer.