How Much Is My Motorcycle Claim Worth in Morristown?
If you’ve been hurt in a motorcycle crash, it is easy to become overwhelmed by the cost of medical treatment and recovery and the costs of replacing a damaged or totaled bike. These financial pressures can be quickly compounded if you’re unable to work.
If your accident was not your fault, you shouldn’t have to stress about the pain and financial burdens that have been dropped on you. The person who caused your accident – and their insurer – should pay. You have the right to seek compensation.
As you begin to take stock of the financial impact that the motorcycle accident has had and will have on your life, it is normal to wonder how much compensation you might be able to recover from those at fault for the crash. An experienced motorcycle accident attorney can evaluate your situation and give you an estimate of what your motorcycle crash claim might be worth.
Contact us today to speak with one of our understanding and knowledgeable attorneys. The consultation is free, and we will not charge you a retainer or other fees as we work on your case. Our attorneys work on a contingency fee basis, which means you won’t owe us anything unless and until we get money for you.
How to Determine Your Motorcycle Crash Claim’s Value
There are two main types of damages in motorcycle accidents: economic damages and damages that don’t come with a clear price tag, such as pain and suffering.
Economic damages are the specific, verifiable costs of the accident to the plaintiff. These include medical bills, property damage and lost income as a result of the accident. All of these would be added up and become part of the claim filing against the other driver’s insurance company.
Noneconomic damages like pain and suffering are more difficult to calculate. It depends on factors such as the severity of the injuries and the possibility of incomplete recovery from those injuries, and the implications of an incomplete recovery on the life of the plaintiff. Determining pain and suffering damages is an important part of the civil personal injury claim process and cannot be specifically predicted beforehand.
Factors in Motorcycle Accident Worth
The relative liability for the accident of the plaintiff and the defendant is very important in determining the final damage award in a motorcycle accident. Tennessee is a modified comparative negligence state, which means the amount of fault assessed to the plaintiff will reduce the damage award. If the plaintiff is awarded $100,000 in damages but the court determines he or she was 20 percent to blame for the motorcycle accident, then the final award will be $80,000.
Additionally, the defendant will not be awarded more than the liability limits of the defendant’s auto insurance policy if the defendant does not have any other assets. In these situations, it may be possible for a victim to recover additional compensation from the uninsured/underinsured motorist (UM / UIM) coverage on their own auto policy.
Types of Compensation in Motorcycle Accident Cases
Compensation should include the economic expenses related to the Morristown motorcycle accident, such as:
- Medical costs, both current and future, incurred by the accident.
- Any property damage, such as damage to your motorcycle
- Lost wages and employee benefits
- Lost future earning capacity as a result of your motorcycle accident
Noneconomic damages can include:
- Physical and emotional pain
- Mental anguish
- Emotional distress
- Loss of society, companionship, and consortium
- Loss of enjoyment of life
Tennessee caps noneconomic damages at $750,000, though that amount can go up to $1,000,000 of there is catastrophic loss or injury. If the defendant is found to have acted intentionally, concealed evidence of was under the influence of drugs or alcohol, there is no cap.
How to Get More for Your Motorcycle Accident Claim
The most important advice to increase your motorcycle accident compensation amount is to get the professionals involved as soon as possible. Get the medical treatment you need immediately and continue to follow your physician’s treatment plan until you have fully recovered.
Hire a Morristown motorcycle lawyer as soon as possible. The statute of limitations for personal injury claims is very short – only one year. The sooner you have your attorney investigate, prepare and file your claim, the better your outcome will be.
Other things you can do to improve your prospect of getting a fair and reasonable damage award include:
- Call the police. Getting an accurate accident report from an officer on the scene could be helpful in assessing fault.
- Do not repair your bike. Your motorcycle is evidence in a civil claim and close examination of the damage to it will be important to your damage claim.
- Take pictures of the accident scene.
- Keep track of expenses, including records of all medical bills and lost time from work.
- Stay off social media. There is no upside to TMI (too much information) postings to social media. Just stay away from it.
How Can the Terry Law Firm Help Me?
We will conduct a thorough investigation of the accident and the behavior of the defendant before and after your accident. We have access to important resources, including accident histories, the history of accidents at that same location, and the ability to gather evidence about the other driver’s vehicle.
We will manage all communications with the defendant’s insurance company, including all settlement negotiations. Your case is likely to settle because most personal injury cases do settle, but it is important to have an experienced negotiation team on your side so the defendant’s insurance company doesn’t give you a lowball settlement. If the defendant’s insurance company will not make a fair and reasonable settlement offer, we will sue them in civil court.
The Terry Law Firm is proud to represent people in Morristown and across East Tennessee. We view our relationship with our clients to be long-lasting, and we treat our clients with respect and empathy. We will make sure your rights are respected and we will do everything we can to seek the compensation you need to get your life back on track.
Call us today so we can get busy on your case.