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Motorcycle Accidents

Motorcycle Accident Compensation

By November 23, 2020January 13th, 2021No Comments

If you have been injured in a motorcycle collision, you may be wondering what kind of damages you can pursue to help compensate you for the injuries you have sustained. 

It is important for you to take the time to evaluate your situation with the help of an experienced motorcycle accident lawyer before any definitive answer can be given.

After all, there is no set value for these types of cases, as compensation is usually determined based on the unique circumstances of each specific situation.

At the Stewart Law Firm, we have helped motorcycle accident victims and their families from all over Texas obtain compensation.

In this blog, we will take a look at how the value in these types of cases are determined, and what to do if you have been in an accident and want to seek compensation.

Determining the Value of Motorcycle Accident Cases in Austin

You may be eligible to seek compensation for your injuries and damage to your vehicle. Personal damages may include expenses related to:

  • Medical bills
  • Lost income
  • Pain and suffering
  • Loss of enjoyment of life
  • And more

The more severe the injury, the more potential damages may be recovered.

In motorcycle collision cases, it is the plaintiff’s burden to prove that negligence was present. This means you and your attorney must prove several things:

  1. The defendant owed you a duty of care
  2. That duty of care was breached
  3. That breach led to the injury-causing crash

If no negligence is shown, the defendant is not deemed at fault and they would not be responsible for your injuries.

Other Factors in Motorcycle Accident Cases

Another factor that can determine the value of your case is whether the case is settled or if it goes to trial. 

In many cases, the settlement value is much lower than a potential verdict because it eliminates the risk associated with the possibility of losing at trial. If your case does go to trial, however, the court may be more inclined to award more damages based on the evidence shown.

The court will likely consider economic and non-economic losses. 

Economic losses are those in which you experience monetary loss, such as lost past and future earnings or medical expenses. 

Non-economic losses are those for emotional distress. In some cases, punitive damages may be awarded if the incident was intentional or the negligent party acted in malice.

What To Do After a Motorcycle Accident

In the aftermath of an accident, you may not be sure what your next best steps are.

Here are some important things to do after your accident to ensure you’re safe, taken care of, and on the right track to obtaining your compensation down the road:

  • Get to a safe spot: Move yourself and your bike out of moving traffic, if you can do so safely. 
  • Keep your helmet on: Your neck and spine might be injured, and you’ll want to wait for paramedics to get there and assess the situation. 
  • Call 911: Having an officer on the scene to file a police report helps your case later on. 
  • Gather information at the scene: Take photos if you are able to, collect witness statements and get their contact information. These can be helpful for you or your attorney when you file an insurance claim.
  • Seek medical attention: Your adrenaline could be hiding serious injury. Go get checked out by a doctor and explain what happened. Keep track of all medical bills and records. 
  • Get a lawyer: Hire an experienced Austin accident attorney who can help you with your personal injury lawsuit.

Contact the Stewart Law Firm Today

At The Stewart Law Firm, our Austin motorcycle accident lawyers understand these types of cases and are able to help injury victims go through the complex legal system.

We take the time to analyze your case and build a strategy based on your best interests. If you have been hurt, trust our firm to help you seek the compensation you need and deserve. Our firm is here to help you 24/7. Call us when you’ve been injured for tenacious representation.

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