It’s understandable for you to want to know the value of your case following a motorcycle accident, since your medical bills are likely on your mind, and you might be missing time from work. Every injury case varies in compensation based on the specific circumstances, but there are common factors that will affect the value of a motorcycle accident injury claim.
Liability is a fancy word for fault, or in other words, means who is at fault for the motorcycle accident. If there is strong evidence that another party is 100% to blame, then the value of your injury claim exponentially increases. If liability is weak and you hold the majority of the blame, your claim is likely not worth anything.
In Nevada, the rule of contributory negligence is followed. This rule states that if your percentage of fault is greater than the other party involved, then you cannot recover compensation. As long as you are found less than 50% responsible you can claim compensation, but your case’s value will be reduced by your amount of liability. For instance, if a jury determines your amount of liability for your accident is 30%, you will recover 70% of the compensation awarded. As the claimant, the burden falls on you or your Las Vegas motorcycle accident lawyer to prove the other party was negligent, or careless, in their actions.
Damages are another factor in your motorcycle accident injury claim’s value, which has to do with your resulting injuries and financial losses. The more severely you are injured, the more losses you will have suffered, which will equate to more damages. Damages are intended to put back into the same place or condition you were in before the accident. The court will consider:
If there are no injuries, there will be minimal losses, which will not add value to your claim.
The settlement value of your motorcycle injury claim is the total amount of your damages that you wish to be compensated for. Although you can save a significant amount of money in legal costs and court fees by avoiding trial, the settlement value will be smaller than what a jury could award you for your damages. However, settling means you would avoid the risk of losing. Whereas, trial value, is the amount your attorney reasonably expects to win by taking your case to trial.
As an example, let’s say you have reason to believe your case’s trial value is $100,000 based on the liability and damages, but you think there is only a 20 percent chance of winning. In this situation, you may want to avoid the risk and settle your case for around 20 percent of your expected trial value, or a little less than $20,000. Generally, a motorcycle injury claim’s settlement value will be slightly lower than the trial value multiplied by your estimated chance of winning in court.
Our Las Vegas accident attorneys have been helping riders be successful in their claims for over 20 years. We possess the skills and experience to guide you and recover the maximum amount of compensation possible. Call (702) 384-1414 or contact us online to schedule your free initial consultation today.
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