Valuing a motorcycle injury claim worth means attempting to predict how much a jury would theoretically award a person suing. This is not an uncommon question, how much a case is worth. The only way to know for sure, though, is to speak to a personal injury attorney. That said, here are the factors that go into how much a case is worth. They come in two categories: the plaintiff’s damages and the degree to which the jury will likely find motorcyclist to be negligent.
Factors in Calculating a Motorcycle Injury Claim Worth
- Extent of plaintiff’s damages – A plaintiff’s damages are typically divided between damages that can be calculated with some degree of specificity (economic damages) and those that cannot, such as pain and suffering, loss of limb, loss of consortium, and emotional trauma (non-economic damages).
- Economic damages – These damages include all the plaintiff’s past, present, and future lost earnings as a result of the motorcycle injury. Examples are employment benefits, medical bills, and other damages that one can calculate to the exact dollar amount.
- Non-economic damages – Jury members cannot objectively see the degree to which a plaintiff suffered because of the accident. In lieu of any objective means of measuring pain and suffering, judges usually advise the jury to use their best judgement. Based on this subjectivity, it’s best to calculate non-economic damages amount in broad strokes.
- Degree that the motorcyclist may be comparatively negligent – For the most part, this comes down to how much evidence there is suggesting that the defendant is at fault. The clearer it is that he or she was at fault, the greater the degree the motorcyclist will be responsible for the accident, and the higher the value of the claim.
Calculating a motorcycle injury claim comes down to factoring in the economic and non-economic damages while keeping in mind the degree to which the jury is of finding the motorcyclist to be negligent. A local motorcycle attorney should be able to help you estimate your injury case’s value by finding the value of past cases similar to yours.