Involvement in a motorcycle accident can greatly affect the course of your life. You may suffer permanent injuries. The cost of treatment may get you in financial hardship. Due to the physical harm you may have suffered as a result of the accident, you may be unable to perform your usual activities.
If another person’s negligence causes your motorcycle accident, you can file for compensation. A Henderson motorcycle accident lawyer can help you recover damages for personal injury. A lawyer will also be able to answer all your questions on the claims process and depending on your case, negotiate with the insurer.
Liability in a Motorcycle Wreck
Louisiana uses the at-fault system for claims involving traffic crashes. In this law, the party that is liable for the crash takes on the responsibility of paying compensation to the victim. Therefore, you will need to show the defendant is at-fault for the accident for you to recover any damages.
The at-fault parties in a motorcycle accident case may include a driver or an agency that has the role of keeping the road in proper condition. You may share part of the responsibility for your motorcycle wreck. If this is the case, your recoverable damages may get reduced in line with your percentage of fault. This is known as the comparative fault policy.
If for example, you are 25% at fault for the wreck, you may receive 75% of the damages. The defense may seek to apportion some degree of fault for the motorcycle wreck on you. Your Henderson motorcycle accident lawyer can carry out investigations into the collision. An extensive investigation will help keep the facts straight and prove the other party’s liability.
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Compensation after a Motorcycle Accident
Compensation after a motorcycle accident can help you while you’re trying to get back on your feet. The kind of compensation you can obtain after your motorcycle accident varies, but there are some common types of compensation that you can seek. They include compensation for economic and non-economic damages:
- Economic Damages – Refers to compensation for tangible accident-related costs. They include medical costs, motorcycle repair expenses, lost wages, and lost future earning capabilities.
- Non-Economic Damages – Refers to the payment you receive for non-quantifiable losses. These losses include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Your wreck may have also led to scarring and disfigurement. You can recover damages for such losses. The non-economic damages are much harder to calculate than economic ones.
Due to their subjective nature, the defense may argue strongly against your claims for non-economic losses. A lawyer can listen to your case details to establish which damages you qualify for. They will then be able to help you calculate the value of these damages and if necessary, fight for your case in the face of a strong defense.
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First Settlement Offer
After your motorcycle wreck, you may be contacted by an insurance adjuster who has a settlement offer at hand. This may seem like the best news in a time when you have ever-increasing medical bills but signing the papers to accept this initial settlement offer may not be in your best interest. This is because the first offer is likely to be lower than what your claim is worth.
If you accept that initial offer, you lose the right to pursue further compensation. This can negatively impact you in the future, especially when you do not know the extent of your injuries yet. This means that you will not know how much you will require for future treatment. It may be best to take some time before you accept an offer so you can know the compensation you will require to cover all costs.
When you settle, you also lose the ability to file a lawsuit for your motorcycle accident. But, at times, suing may be the best strategy to receive compensation. Understanding how the compensation process works and what amount is fair may be difficult to do on your own. A Henderson motorcycle accident lawyer has a deep understanding of the procedure. The lawyer can also help you estimate your claim’s worth to help you identify low offers.
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Issues That Impact Your Compensation
For you to claim compensation, you must prove negligence. This means that you must show that the other party acted recklessly, resulting in the collision. There are various elements involved in proving negligence. First, you must demonstrate that the liable party owed a duty to you to act responsibly to avoid harm. Then, you must prove that they ignored that duty and this breach of their legal duty resulted in your injuries and other damages.
Your attorney can help you prove negligence, allowing you to seek compensation. The extent of your injuries, as well as the losses you claim will impact what you receive as compensation. Motorcycles provide less protection in the event of an accident compared to cars. Therefore, a serious accident can leave you with life-long impairments. Serious long-term injuries may also receive higher compensation amounts.
People’s perception of motorcyclists may also impact your claim. One of the prejudices that motorcyclists face is that they are reckless drivers. The people involved in your motorcycle accident case may believe in such biased opinions. A lawyer can advocate for you, ensuring they counter such biased beliefs to help you recover damages.
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Seek the Counsel of a Henderson Motorcycle Accident Lawyer
A motorcycle accident attorney understands the factors that come into play in seeking compensation after a crash. A lawyer can use this knowledge to fight for your right to recover damages. While you recover, we will focus our efforts on advocating for you. For a free consultation, contact Laborde Earles Injury Lawyers today.
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